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This blog is also available as a Guide to the Three Building Safety Gateways, including a useful Gateway 2 Checklist. Download your free guide for further expert insights here.
Under the Building Safety Act 2022, the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 have introduced a gateway process that applies to the design and construction of Higher-Risk Buildings.
The gateways are formal regulatory checkpoints designed to ensure that building safety is properly considered at the planning stage, before construction, and at completion.
The gateway regime applies to Higher-Risk Buildings (HRBs), defined as buildings that are:
- 18 metres or more in height,
- 7 or more storeys,
- And contain 2 or more dwellings.
Gateways1, 2, and 3 are hard stop/go points; work cannot proceed without approval from the Building Safety Regulator (BSR).
The BSR oversees building work as the building control body for HRBs, working closely with local authorities, fire and rescue authorities, and specialist experts. Local authorities remain the building control body for other buildings.
The three gateways are:
- Planning Gateway 1: Land use planning matters related to fire safety at the planning stage.
- Gateway 2: Building control approval for HRBs before building work starts.
- Gateway 3: Confirmation the building is safe to occupy when building work is completed.
Gateway 2 has proven to be particularly challenging for organisations to navigate in the initial period. However, the BSR has made significant progress cutting the backlog of legacy Gateway 2 new‑build cases, reducing them from 103 down to 63, with more reductions expected as new approvals are lined up.
Despite this, remediation/refurbishment projects remain bottlenecked, with open cases rising from 262 to 283, and decision times averaging 30 weeks.
What is Gateway 2?
Gateway 2 is the building control approval application stage and has replaced the building control deposit of plans stage. Construction cannot begin until the BSR grants approval.
You must submit a Gateway 2 application if you intend to:
- Construct a new HRB.
- Make changes to an existing building that either make it an HRB or stop it from being an HRB.
- Carry out certain building work on an existing HRB.
Gateway 2 applications must demonstrate how the proposals comply with Building Regulations requirements and how building safety is being managed. This gateway ensures that no deviations from the original design occur, safeguarding the integrity of the building's safety features.
What is the BSR looking for at Gateway 2?
Whether your work falls under Category A or B or involves a new HRB, you must apply to the BSR with the relevant fees and several ‘prescribed documents’.
To find out more about category A and B work, head over to our dedicated blog, 'Building Safety Act Gateway Applications: A Summary' here.
For a successful application, the BSR requires specific documents to be submitted, including:
- Basic information
- Competence declaration
- Drawings and plans
- Construction control plan
- Change control plan
- Building regulations compliance statement
- Fire and emergency file
- Fire compliance statement
- Client authorisation
- Site location plan
- Mandatory occurrence reporting plan
- Location of new drains or private sewers
- Staged work statement
The BSR determines 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.
Why are Gateway 2 applications being rejected?
Many Gateway 2 applications are being rejected by the BSR due to insufficient or non-specific details. The BSR must be confident that the proposed works can be carried out safely, meaning that vague or generic submissions often fall short. Examples of submissions likely to be rejected and how to overcome these challenges include:
| Common challenges | Best practices |
|
Non-specific details: For example, an application including generic Risk Assessment and Method Statements (RAMS) referencing gas safety procedures despite the building having no gas supply. |
Use information and evidence that is specific to the building the application is for. Only include relevant details demonstrate an understanding of the building’s conditions and demonstrate the credibility of the submission. |
|
Insufficient details: For example, an application mentioning staff lacking training to alert residents during a simultaneous evacuation “as far as reasonably practicable” while evacuating themselves without an explanation as to how this would be done. |
Provide the right documents and the right level of detail, using the prescriptive list of documents to paint a comprehensive picture for the BSR. In this case, the application should also clearly outline:
|
| Misunderstanding the BSR’s expectation: For example, a change control plan outlining that a fire door is being replaced. | Instead, share how this change is managed and who is looking after it. It’s crucial that you understand what documents and information are required by using the prescriptive list of documents you need to submit. |
Are you ready for Gateway 2?
From the initial period of gateway applications being assessed, it is evident that government guidance lacks clarity and detailed guidance on how organisations should be navigating the Building Safety Act gateways.
We can help you by simplifying the guidance, drawing upon our experiences from working with organisations across the sector to support their Gateway 2 applications, and creating reports that will identify whether your application information is substantial and aligned with government guidance.
Get in touch with our team of experts to understand how we can support you through your Gateway 2 application.
