Gateway Process

To strengthen regulatory oversight, building work on these higher-risk buildings will have to pass through a rigorous process consisting of three gateway points, with Building Safety Regulator (BSR) approval required at each: before starting building work, before significant changes are made during construction, and when building work is completed. It is an offence to start building work without BSR's approval, and the regulator has enforcement powers to act where breaches occur.

Gateway 1 operates at the planning stage and is limited to fire safety: fire safety is considered as part of the planning permission process, and since August 2021 the local planning authority has been required to consult the Health and Safety Executive on planning applications for higher-risk buildings. Gateway 2 is the pre-construction checkpoint: building work on new HRBs can only start after the developer has building control approval from BSR, with a 12-week determination period from receipt of an application, and a detailed documentation package including a competence declaration, construction control plan, change control plan, and fire and emergency file.

Gateway 3 is the final and most critical checkpoint. It is the decisive stage where the new building safety regime delivers its ultimate test: developers must demonstrate that a building complies with all the relevant parts of building regulations and is ready for residents to occupy. It is a legally binding checkpoint determining whether a residential higher-risk building — defined as residential or mixed-use blocks above 18 metres or seven storeys — can be occupied, and without BSR approval, no resident can legally move in; doing so is itself a criminal offence.