Gateway 2 building safety approval
The Building Safety Regulator (BSR) has introduced a new process to deal with a small number of stubborn legacy applications after missing its deadline to fully clear the backlog of early cases submitted under the Building Safety Act 2022.
Gateway 2 approvals sit at the heart of the new building control regime for higher-risk residential buildings. In simple terms, Gateway 2 is the point where developers must prove that their building design is safe and compliant before construction can begin.
This is a significant shift from the previous approach, where some design elements were refined during the build phase. Under the new system, the regulator wants the evidence upfront.
Gateway 2 applies to higher-risk buildings, typically residential developments that are 18 metres or taller or contain seven storeys or more. Developers must submit detailed design information including structural calculations, fire strategies, construction control plans and confirmation that the scheme complies with Building Regulations.
Many projects already progressing through planning when the new rules came into force rushed to submit Gateway 2 applications early. The result was a sizeable backlog of legacy cases that the regulator needed to review under the new regime.
Deadline to clear legacy applications
The BSR previously said it intended to clear the remaining legacy Gateway 2 applications by January 2026. These applications represented developments covering tens of thousands of homes across England and were being watched closely by developers, consultants and housing providers.
In fairness to the regulator, the majority of cases have now been resolved.
However, the final handful of applications proved more complicated than expected and the deadline slipped.
While most projects have moved through the system, a small number of complex cases remain unresolved.
Why some Gateway 2 cases remain unresolved
According to the regulator, the remaining cases involve developments where technical issues still need to be addressed before approval can be granted.
Typical issues slowing applications include incomplete design submissions, fire strategy revisions, structural clarifications and coordination issues between project teams and regulators.
In some cases, the design simply needs more work. In others, additional evidence is required to demonstrate compliance.
The stricter approach is a direct result of the reforms introduced after the Grenfell Tower fire. The Building Safety Act fundamentally changed how higher-risk buildings are assessed, designed and approved.
The regulator is therefore taking a cautious approach. That may frustrate some developers, but the intent is clear. Buildings should be demonstrably safe before construction begins.
New process introduced for complex legacy cases
To help unblock the remaining cases, the BSR has introduced a dedicated process for handling complex legacy applications.
This includes assigning dedicated case teams to individual projects and working directly with developers to resolve technical issues.
Rather than leaving these applications in a separate legacy queue, they will now be folded into the regulator’s normal Gateway 2 case management process.
The aim is to get the remaining projects over the line without compromising safety standards.
What this means for developers and the construction industry
For developers and design teams, the Gateway 2 regime represents a major cultural shift.
The era of “we’ll fix it on site” has largely disappeared for higher-risk residential buildings. Designs must now be far more complete before construction starts.
This means fire engineers, structural engineers and compliance specialists need to be involved earlier in the design process.
Getting the fire strategy, structural design and safety documentation right from the outset can make the difference between a smooth approval and a long pause in the Gateway 2 queue.
Passive fire protection support from Block Compliance Ltd
For building owners, developers and managing agents navigating the Building Safety Act landscape, passive fire protection evidence is becoming increasingly important.
This is where Block Compliance Ltd can help.
Block Compliance Ltd provides specialist passive fire protection and building safety compliance services across the UK. Their team carries out fire door surveys, building safety case report preparation, fire risk assessments and detailed fire compartmentation surveys to help clients understand how their buildings perform in the event of a fire.
These surveys are particularly valuable when preparing building safety cases or supporting Gateway applications, as they provide the detailed evidence regulators increasingly expect.
The team has worked on projects across Harrogate, London, Leeds, Liverpool, Manchester, Sheffield, York and other towns and cities, delivering passive fire protection surveys and compliance reviews on residential and mixed-use buildings ranging from city centre apartment blocks to complex multi-building developments.
In many cases, these surveys uncover issues that would otherwise remain hidden inside walls, risers and service penetrations. Identifying those problems early allows building owners to fix them before they become regulatory or safety risks.
As the Building Safety Act continues to reshape the construction and property sectors, having the right technical expertise around passive fire protection is quickly becoming essential.
If your building requires fire door surveys, fire compartmentation inspections, fire risk assessments or support preparing building safety case reports, Block Compliance Ltd can provide the expertise needed to help you stay compliant and keep residents safe.
Contact us today.
