Position of the newel post at top stairs

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Does the newel post have to sit level with the highest step or could you set it on the second to last step?

The photo shows the post would go where my tape measure is, but if I set it back a bit I get more space to get into the room.
 

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Different angle. The top left of the stairs will contain a cupboard, so not open and the rest of the area will have a stud wall stopping you falling.
 

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The other side of the stairs will have this stud wall clad with pallet wood.
 

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I suspect that you wouldn’t pass building regs?
There is a potential risk of falling “down the hole”.

I guess that if the landing newel post was pulled slightly further back along the downward direction of the stairs, it could be mitigated by a handrail screwed across at 90° to the stair run on the wall that the stairs face?
 
you will still have the handrail and banister following the string line and still get in the way on the corner all you will save is perhaps 15-20mm as the difference between newel and handrail at the actual corner
 
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