Understanding the Gateways for the UK Building Safety Act
At Chapman Taylor, we are closely tracking the evolving UK Building Regulations to help our teams and clients navigate the new safety approval regime efficiently. With ongoing delays reported across the industry, a robust understanding of the three formal Gateways introduced under the Building Safety Act 2022 is essential, particularly for the design and delivery of Higher-Risk Buildings (HRBs) to which the Gateways apply.
Gateway 1 - Planning
Unlike in the previous arrangement, where the planning process did not involve any assessment of fire, the Building Safety Regulator (BSR) is now part of the approval process for relevant building submissions with a specific focus on how fire safety requirements have been incorporated into the design. A fire statement is to be issued as part of the planning submission to demonstrate key elements of the fire strategy and how these requirements are incorporated into the design. This was introduced to avoid poor compromises being made when Building Regulations compliance was found to be difficult in the detailed design stage.
Gateway 2 - Pre-construction stage (Building Regulations Approval)
Once the application is submitted, the BSR will review the full design to assess whether it meets the requirements of the Building Regulations. It should be noted that this review is not assessing against the Approved Documents, as has been the case previously, and to which many architects previously referred. It is in accordance with the functional requirements of the actual Building Regulations.
This huge change to the process is presently proving a challenge for the BSR to cope with the demand. Many projects are delayed due to a lack of response from the BSR, which is caused by the sheer volume of information that must be assessed at one time. Some proposals are also delayed because of the incomplete, unclear or incorrect information submitted.
It should be noted that construction cannot commence until the BSR approval is obtained. This is a major change to how buildings are procured and programmed and is affecting the cost of building in a market where demand is high.
Gateway 3
The building cannot be occupied or a certificate of practical completion issued until the BSR has confirmed that the building complies with the regulations and issues a completion certificate. As-built information must be verified, with a golden thread of information recorded for all products, changes, and key decisions made. This goes hand in hand with final declarations of competence from key duty holders
Summary
In summary, the introduction of the three Gateways under the Building Safety Act marks a fundamental shift in how Higher-Risk Buildings are designed, approved, and delivered. Each Gateway imposes clear statutory requirements, with a focus on demonstrating safety and competence at every stage.
The lack of informal engagement with the Building Safety Regulator, combined with the scale of information required, means that careful preparation, early coordination, and thorough documentation are now essential to avoid delays and ensure compliance.
As the industry continues to adapt, all stakeholders must understand their obligations and adopt proactive planning to maintain programme certainty and manage risks effectively. At Chapman Taylor, we are committed to guiding our clients through this evolving landscape to deliver the best outcomes for their projects.