The Building Safety Act and Gateway 2: What Developers Need to Know

The Building Safety Act 2022 introduced a stricter approval regime for the tallest residential buildings in England, and it has changed how developers programme, appoint and document those schemes. Most small developments will not fall within it. But conversions of taller blocks, mixed-use schemes and care buildings can, and discovering that late can add months. Here is a practical overview of what the regime requires and how Gateway 2 fits into the programme.

What Counts as a Higher-Risk Building

A higher-risk building for the construction-stage regime is one that is at least 18 metres tall or has at least seven storeys, and contains at least two residential units. Care homes and hospitals that meet the height threshold are also included. For these buildings the Building Safety Regulator, part of the Health and Safety Executive, becomes the building control authority, so the developer cannot choose a private approver.

The Three Gateways

• Gateway 1 applies at planning stage, where a fire statement must show that fire safety has been considered in the design.

• Gateway 2 applies before construction starts. It is a hard stop: work on the higher-risk building cannot begin until the Regulator has granted building control approval.

• Gateway 3 applies at completion. The Regulator must be satisfied the building complies with the Building Regulations before it can be occupied.

What Gateway 2 Involves

The Gateway 2 application is a substantial document set. It includes the plans and a description of the work, a declaration that the client is satisfied their principal contractor and principal designer are competent, a construction control plan, a change control plan, a mandatory occurrence reporting plan, and a fire and emergency file. The Regulator has a set period to determine the application, which is 12 weeks for a new higher-risk building, or longer if the parties agree. That review time must be built into the programme before any start on site is promised to a lender or purchaser.

Planning Your Programme Around It

• Establish at feasibility whether the building is, or may become, higher-risk.

• Appoint a competent principal designer and principal contractor early, as the competence declaration relies on them.

• Treat changes after approval seriously: significant changes to approved work are controlled and need to be notified and agreed.

• Keep a complete, accessible record of design and construction decisions, often called the golden thread.

How We Approach It

Many of Berati Construction's schemes, such as developer projects up to £3m and the conversion of smaller commercial buildings, sit below the higher-risk threshold. Where a scheme does approach it, we advise early so that the design team, programme and appointments are right from the start. Regulations and guidance evolve, so always check the current requirements with the Building Safety Regulator for your specific project.

For related reading, see our guides to principal contractors under CDM 2015 and mixed-use developments. You can also explore our services or contact us to talk through your scheme.