How to prepare quality gateway two applications

At the core of the new regulatory regime introduced by the Building Safety Act 2022 are three new gateways for higher-risk buildings (HRBs).

All gateways serve different but important roles. Gateway one relates to planning land use matters, while gateways two and three focus on compliance with the Building Regulations, before work begins and before occupation respectively, in the case of new buildings.

At gateway two, a building control approval application is submitted to the Building Safety Regulator (BSR). This is the legal checkpoint that ensures compliance with the Building Regulations is embedded into design before construction begins. Work cannot commence without BSR approval.

But the gateways are not red tape: they are a legal safeguard requiring developers to demonstrate to the BSR that they understand how their project will comply with the Building Regulations before breaking ground.

Addressing critical safety elements such as fire and structural integrity at the earliest stages helps prevent foreseeable risks from becoming embedded in the built environment.

This approach improves safety for future residents and reduces the likelihood of costly remediation down the line. It also represents a fundamental shift in the building control process, placing greater emphasis on accountability, design assurance and proactive compliance.

Many submissions required intensive multidisciplinary review, and more than 40% have been invalidated at the initial stage due to missing or inadequate information.

These figures prompted understandable concern across the development sector. In response, on 30 June the government announced a package of structural reforms, designed to boost the BSR's capacity, sharpen its processes, and accelerate approvals – without compromising on safety standards.

This reform programme will further strengthen the regulator's role in helping the government meet its ambition to deliver 1.5m new homes by 2029. It ensures that the pace of housing growth is underpinned by a strong and enduring commitment to safety, quality, and public confidence.

The reform measures include as follows:

• Transitioning the BSR from the Health and Safety Executive into a new standalone executive agency under the Ministry of Housing, Communities and Local Government, paving the way for the creation of a single construction regulator as recommended by the Grenfell Tower Inquiry phase 2 report.
• Appointing the former London Fire Brigade (LFB) commissioner Andy Roe as chair, and the LFB director of prevention, protection and operation policy Charlie Pugsley as chief executive, of the new agency.
• Launching a fast-track process for complete, compliant applications.
• Recruiting over 100 new technical experts – including fire engineers, structural specialists, and case officers – to improve decision-making speed and consistency.

The BSR is encouraged by the developers and dutyholders who recognise the importance of gateway two and are submitting well-prepared, regulation-compliant applications.

These demonstrate strong planning, clear leadership and early coordination of the proposed building work and related applications between dutyholders, including the client, principal contractor, and principal designer. As a consequence, applications tend to move efficiently through the system.

However, a significant number are still falling short, lacking essential documentation or not meeting the legislative requirements of the 2022 Act. In many cases, applicants have failed to demonstrate clearly how they meet the functional requirements of the Building Regulations.

When information such as fire strategies, structural calculations or dutyholder declarations is missing and must be requested, it can add four or more weeks to the application timeline.

Crucially, these are not trivial omissions. Had they gone unchallenged, applications that do not include this information could have resulted in unsafe living environments or buildings that failed to meet critical regulatory expectations.

Once they are validated, applications can proceed to a detailed technical assessment carried out by a team of experts including a registered building inspector, fire safety inspectors – and often structural engineers and fire engineers.

While the technical requirements of Schedule 1 of the Building Regulations have not changed in relation to Part A on structure or Part B on fire safety with the introduction of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, gateway two ensures applications are rigorously assessed against these.

This gives applicants – and ultimately residents – greater assurance that standards are being met.

The subsequent surge in applications put additional pressure on the BSR's assessment teams, and temporarily lengthened decision timelines. We responded quickly by expanding operations and recruiting new specialists. Collaboration with the profession also helped to identify and resolve challenges, such as registered building inspectors not wanting to be part of the BSR's multidisciplinary team due to the complexity of overseeing these applications.

In response to these issues, the BSR modified its portal for transitional applications, issued guidance directly to all affected developers, and held webinars with them in the first few weeks to explain the process and what to expect.

These measures have helped stabilise the system and reduce the backlog of applications, and we continue to streamline our internal processes to support consistent, timely decision-making.

For instance, the BSR has developed a range of practical tools and resources, including:

• updated online guidance supporting the application portal
• webinars, engagement sessions and detailed Q&As that also provide guidance
• anonymised case studies that highlight common pitfalls and explain how the BSR has identified critical fire safety failings
• working with the construction industry to respond to any challenges identified.

You can access these resources on our campaign website.

We strongly encourage all dutyholders and professional developer and design teams to consult these resources early in their planning processes, because they are designed to support better outcomes and smoother approvals.

The legal obligation to submit a complete, compliant application lies squarely with the developer and their appointed professionals. When they meet that obligation, applications can progress. When they don't, delays are not a reflection of regulatory intransigence but a direct result of failing to meet legal requirements.

We remain committed to working with the construction industry in a fair, proportionate, and transparent way. We continually review our performance, issue updated guidance and seek ways to improve the applicant experience.

In return, we ask developers and their teams to engage with the new requirements early, plan thoroughly and aim to get it right first time. By doing so, they will be investing in projects that are less susceptible to change or overrun. They have the power to make a lasting change in the way high-rise residential buildings are designed and constructed.

This is about more than meeting legal requirements – it's about fostering trust, raising standards, and building homes that are safe, of high quality and made to last. When developers take responsibility and act decisively, they don't just move projects forward, they help restore public confidence in the safety of our built environment.

In July, the Construction Leadership Council (CLC) published Guidance on Building Control Approval Applications for a new Higher-Risk Building (Gateway 2). The suite of guidance has been produced by the CLC, with collaboration from the BSR and other industry stakeholders.