Building Safety Act Gateway Applications: A Summary

Under the Building Safety Act 2022 (the Act) and the Building Safety Regulator’s (BSR) new building safety regime, Higher-Risk Buildings (HRB) must pass through three gateways to obtain building control approval before any building work can take place. This gateway system is designed to make HRBs in England safer, improve accountability, and ensure ongoing compliance.

In our recent webinar, Building Safety Act 2022: Gateway applications for building work, our panel of experts discussed each stage of the gateway application process, sharing insights on the level of detail required in each application and common pitfalls organisations are facing. You can catch up on this session on-demand here.

But what is a higher-risk building? The gateway process applies to buildings with at least two residential units which are at least 18 metres in height or have at least  seven storeys.

The three Building Safety Act gateways

The Act introduces mandatory stopping points, referred to as “gateways”, at the planning and construction phases for HRBs. On 27th March 2025, detailed government guidance was published outlining the building control approval process. This blog will break down the key points of each gateway and support your gateway application journey.

Planning Gateway 1 - land use matters related to fire safety

Planning Gateway 1 refers to the planning application stage for new buildings. Although it is a critical part of the Building Safety Act 2022 framework, this gateway was introduced under the Town and Country Planning (Development Management Procedure) (England) Order 2015 and came into effect on 1st August 2021.

This stage ensures that fire safety is embedded into the building’s design from the earliest stages, with developers required to submit a fire statement as part of the planning application. This document must outline fire safety considerations specific to the proposed development.

The fire statement will be reviewed by the BSR, the Health and Safety Executive (HSE), acting as a statutory consultee, and the local Fire and Rescue Service where necessary.

Key points:

• Planning Gateway 1 primarily applies to new HRBs or major refurbishments.
• This gateway does not typically apply to existing HRBs unless substantial alterations requiring a new planning application are proposed.
• All planning applications must be submitted electronically in PDF format and each file must not exceed one gigabyte (GB) in size.

Gateway 2 - building control approval for higher-risk buildings

Gateway 2 is a critical step in gaining approval before construction begins. The BSR has revealed that 40% of Gateway 2 applications are either incomplete or failed to demonstrate full compliance, with contractors and developers finding this stage particularly difficult to navigate.

Under the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, there are two key categories of work for Gateways 2 and 3:

• HRB work:
  • The construction of a new HRB.
  • Work to an existing non-HRB causing it to become an HRB.
  • An existing non-HRB undergoing a material change of use to become an HRB, for example, converting an office block into flats or apartments.

• Work to Existing HRBs (works that do not fall under the definition of ‘HRB work’):
  • Category A (higher-risk works).
  • Category B (lower-risk works).

Some exceptions exist under Competent Person Schemes (outlined in Regulation 20 and 20A of the Building Regulations 2010), which allow certain qualified tradespeople to self-certify work. However, some schemes, like FENSA, no longer certify work for buildings over 18 metres.

Category A works (major works) include:

• New builds or significant refurbishments.
• Structural changes and major installations, for example, installing additional floors or reconfiguring the internal layout to create more residential units.
• Installation of major systems (e.g. HVAC, electrical, plumbing) unless covered by a Competent Person Scheme.

Category B works (minor works) include:

• Repairs, maintenance, or minor alterations of existing HRBs.
• Installing partitioning or reconfiguring specific areas of the building.
• System upgrades or repairs (e.g. electrical, plumbing).
• Enhancements to fire safety measures in specific areas (e.g. updating fire doors or improving escape routes).

So, what do I need to submit?

Whether your work falls under Category A or B or involves a new HRB, you must apply to the BSR with the relevant fees. Several ‘prescribed documents’ must be submitted, including:

• Basic information: Contact information and a description of the existing building or description of the proposed building (including intended use, number of storeys, drainage provision, etc.).
• Competence declaration: Evidence that all involved parties are competent.
• Drawings and plans: Clearly show the proposed works and end result.
• Construction control plan: Sets out how the build will be managed and the anticipated timeline.
• Change control plan: Details how changes will be handled, who authorises them, and whether changes must be submitted to the BSR.
• Building regulations compliance statement: Explains how the works meet current standards, referencing codes and design guidance.
• Fire and emergency file: Required for Category A works.
• Fire compliance statement: Required for Category B works.
• Client authorisation: If the principal contractor submits the application, this authorisation is needed.
• Site location plan: Must be no less than 1:1250 in scale and show surrounding features such as boundaries.
• Mandatory occurrence reporting plan: Including whether the contractor is adopting your plan or providing their own.
• Location of new drains or private sewers: To be shown on the site plan.
• Staged work statement: Required if the build is to be completed in phases.

The BSR aims to assess applications within 12 weeks for new builds and eight weeks for works on existing buildings. However, due to current resourcing constraints, these timelines are often exceeded, and applicants should prepare for delays.

Upon assessment, your application will either be approved or rejected. If it is approved, you will receive a tailored inspection schedule. If rejected, you will receive a breakdown of the reasons for the rejection.

Common application pitfalls

Many applications are being rejected due to insufficient or non-specific details. The BSR must be confident that the proposed works can be carried out safely, and vague or generic submissions often fall short. Examples of rejection include:

• Non-specific details: One application included a generic Risk Assessment and Method Statement (RAMS) referencing gas safety procedures despite the building having no gas supply. The BSR expect all submissions to be site-specific, so if there is no gas within the building, gas should not be referenced. Irrelevant details demonstrate a lack of understanding of the actual conditions and undermine the credibility of the submission.
• Insufficient details: Another application mentioned staff were trained to alert residents during a simultaneous evacuation “as far as reasonably practicable” whilst evacuating themselves. However, it failed to explain how this would be done. In this case, the application should also clearly outline:
  • The training staff have received.
  • What equipment or methods will be used to alert residents (klaxons, knocking, shouting).
  • How the evacuation would be managed in real-time.

Emergency works

Under Regulation 10, emergency repair works are allowed without prior approval, but only where it is not practicable to comply with Regulation 11(1). In such cases:

• Submit a notice describing the works and reason for urgency to the BSR as soon as practicable. A copy must also be provided to the Responsible Person (RP) for the building.
• An application for a regularisation certificate must follow as soon as reasonably possible after completion.

Construction phase 

Once you have a confirmed commencement date, you must notify the BSR at least five working days before starting any construction work. The BSR will carry out inspections at agreed milestones during the construction phase and also reserves the right to conduct unannounced inspections at any time.

All dutyholders, including clients, principal designers, designers, principal contractors, and contractors, must continue to fulfil their responsibilities throughout this phase, including mandatory occurrence reporting and maintaining the golden thread of information.

Making changes during construction

If you need to modify approved plans, changes fall into two categories:

• Major change: A change control application must be submitted to the BSR, who then has six weeks to determine the application. No work related to the proposed change can begin until formal approval is granted.
• Notifiable change: A change control application must be submitted to the BSR, who then has 10 working days to respond. If no objection is made within this period, the change can proceed.

Building work complete (Gateway 3) 

Once all construction work has been completed, you will move to Gateway 3. At this stage, you must submit a completion certificate application to the BSR. This application must reflect the ‘as-built’ work, not the original ‘as-designed’ plans, and must include all relevant golden thread information.

If the BSR is satisfied, a completion certificate will be issued. If the certificate is not granted, you will need to review the reasons, resolve any issues, and resubmit before a certificate can be awarded.

This information must also be handed over to the Accountable Person (AP), who is then responsible for producing a building safety case and a building safety case report for the building. These documents will later be reviewed by the BSR when the building is called up as part of the process to obtain a Building Assessment Certificate (BAC).

To find out more about what is included in the safety case report, head over to our dedicated blog, ‘Building Safety Case Report: What you should include’.

If you need support with understanding the gateway process or ensuring compliance with the Building Safety Act 2022, reach out to speak with one of our experts.