Navigating Gateway 2 🚧: What Architects Need to Know Under the Building Safety Act 2022

As the landscape of building safety in the UK continues to evolve, the introduction of the Building Safety Act 2022 has brought significant changes to the way Higher-Risk Buildings (HRBs) are designed, approved, and constructed. One of the most critical elements of this new framework is the Gateway system, which introduces three key checkpoints throughout a building’s lifecycle. In this post, we’ll focus on Gateway 2-what it entails, why it’s causing delays, and how architects and project teams can prepare successful applications.

What is Gateway 2?

Gateway 2 is the mandatory approval stage that must be passed before construction begins on any Higher-Risk Building. Its purpose is to ensure that the proposed works fully comply with building regulations and that all dutyholders (client, principal designer, principal contractor) are competent and prepared for the responsibilities ahead.

The Gateway system breaks down as follows:

• Gateway 1: Planning permission-demonstrating the design meets safety requirements.

• Gateway 2: Pre-construction-rigorous review of plans and procedures to verify compliance and competence.

• Gateway 3: Post-construction-ensuring the building is fit for occupation.

Why Are Gateway 2 Applications Delayed?

Despite the clear structure, Gateway 2 has become a bottleneck. The Building Safety Regulator (BSR) initially targeted a 12-week turnaround for new builds and 8 weeks for works on existing buildings. However, the average approval time has ballooned to 25 weeks. The reasons are twofold:

• Under-resourcing at the BSR: There aren’t enough staff to process the volume of applications.

• Incomplete or unclear submissions: Many applications lack the required detail or supporting documents, forcing the regulator to request further information and stalling the process.

To address this, the BSR is ramping up recruitment and has released detailed guidance on preparing and submitting applications.

What Must Be Included in a Gateway 2 Submission?

A successful Gateway 2 application must be comprehensive and meticulously detailed. Key requirements include:

• Applicant and Project Team Details: Names, addresses, and contact information for the client, principal contractor, and principal designer.

• Project Description: For existing buildings, details of current use, height, number of storeys, flats, rooms, and commercial units. For new builds, intended use, height, storeys, drainage provision, and compliance with local enactments.

• Plans and Drawings: Site plans (scale not less than 1:1250) showing the building’s position, boundaries, and relationship to surrounding structures and streets.

• Supporting Documentation:

  • Competence Declarations: Signed statements from the principal designer, principal contractor, and other appointed persons confirming their suitability.

  • Construction Control Plan: Strategies, policies, and procedures for planning, managing, and monitoring the work, including how compliance and the “golden thread” of information will be maintained.

  • Change Control Plan: How controlled changes will be managed and recorded.

  • Mandatory Occurrence Reporting Plan: Systems for reporting significant safety events.

  • Building Regulations Compliance Statement: The approach to compliance in design and construction.

  • Fire and Emergency File: Details of risk assessments and evacuation strategies.

  • Partial Completion Strategy: If any part of the building will be occupied before full completion.

  • Developer Statement: If the application is made on the client’s behalf, a signed confirmation of accuracy.

Spotlight: The Construction Control Plan

A frequent cause of failed applications is an inadequate Construction Control Plan. This document must outline:

• How the client will plan, manage, and monitor the project to ensure compliance.

• Arrangements for maintaining the golden thread of information.

• Procedures for assessing and maintaining the competence of all dutyholders and appointees.

• Strategies for collaboration and information sharing among all parties.

• A schedule of appointments and a summary of each party’s responsibilities.

• Policies for reviewing and updating the plan.

Many applicants mistakenly conflate this with CDM (Construction Design and Management) requirements, but the Construction Control Plan is a distinct and comprehensive document under the Building Safety Act.

How the Regulator Assesses Applications

Once submitted, the BSR checks for:

• Compliance with building regulations.

• Adequate project management and competent appointments.

• Sufficient detail in all documents to make a compliance judgment.

If the application is incomplete or unclear, the regulator will notify the applicant with reasons for invalidation. If compliant, the regulator aims to determine the application within 12 weeks (unless a longer period is agreed).

Tips for a Successful Gateway 2 Application

• Treat Gateway 2 submissions with the same rigor as Gateway 3 (completion) documentation.

• Ensure all plans, statements, and supporting documents are complete and detailed.

• Focus on the Construction Control Plan-make it project-specific and comprehensive.

• Anticipate what will be needed at completion and address it upfront.

• Stay up to date with the latest guidance from the Building Safety Regulator.

In Summary

Gateway 2 is a crucial checkpoint in the journey to safer buildings in the UK. While the process is currently experiencing delays, these can often be avoided by submitting thorough, well-prepared applications. By understanding the requirements and focusing on the quality of supporting documents-especially the Construction Control Plan-architects and project teams can help streamline approvals and contribute to a safer built environment.

For more insights and ongoing updates on Gateway 2 and the Building Safety Act, stay tuned to the Part3 With Me podcast and check out the official guidance provided in the latest episode notes.