The development and construction sector is experiencing major change as a consequence of stricter oversight to ensure safety and quality in all homes. The need for enhanced safety measures is not disputed but the groans and grumbles over the impact of the three-stage Gateway process for the delivery of homes are getting louder and louder. It’s starting to get difficult to ignore.
Gateway 2 in particular is looking less gate like and more bottle neck. It is the critical hold point in the development of High Risk Building—defined as buildings over 18m tall or at least seven storeys, with a minimum of two residential units.
Works on site cannot begin until the Building Safety Regulator (BSR) confirms proposed designs under the Gateway 2 regime satisfy all functional requirements of building regulations. While there is guidance available from the BSR, RIBA and other governing bodies on the documentation required for Gateway 2 submissions, opinions differ on the level of detail needed and the lack of specificity is creating industry wide uncertainty.
Freedom of Information data obtained by Construction Products Association (CPA) suggest that out of 1,001 Gateway 2 applications received by the BSR until September 2024, only 147 i.e. 14% were approved and these primarily would have related to remediation works. The FOI results also revealed that 23 Gateway 2 applications were rejected and 313 applications were deemed invalid.
Image Credit: Nobel Francis, Economic Director, CPA
Stricter requirements under the BSA are supported by the industry, but delays in obtaining Gateway 2 sign-off risk stalling housing delivery. These delays conflict with the government’s ambition to deliver 1.5 million homes.
Prolonged approval processes mean higher hold costs for developers and challenging refinancing until a build contract is signed. Combined with high interest rates and rising construction costs, this uncertainty on programme is pushing project viability to the brink. It also puts more pressure on SMEs.
The introduction of the BSA also coincides with other project pressures, such as the urgent need to meet climate goals and reduce carbon emissions. However, the costs and delays associated with the Gateways risk sidelining sustainable solutions in favour of meeting compliance requirements.
Any further slowdown in residential development will exacerbate the housing crisis, driving up rents and undermining affordability. To prevent this, the industry requires clearer guidance on the Gateways and a more responsive regulatory system. Early contractor engagement and innovative procurement methods are also crucial to mitigate risks and manage costs effectively. That will come along with the learnings from the first wave.
The Building Safety Act is a necessary step to ensure the safety of buildings, but its implementation must balance safety with the urgent need for sustainable and much needed housing. By sharing experiences and learning collaboratively, the construction industry can adapt to some of these changes while delivering safe and innovative housing solutions but ultimately simpler and clearer ways of implementing the regulations might also need to be brought forward if the second and third waves of applicants experience similar delays.
