Irwin Mitchell FOI reveals Gateway 3 backlog for higher risk buildings

Under the building safety regime for higher risk buildings, developers must pass through three regulatory Gateways overseen by the Building Safety Regulator. Gateway 2 applies at the design stage, before construction begins, while Gateway 3 is the final approval required before a completed building can be occupied. Higher risk buildings are defined generally as residential buildings at least 18 metres tall or with at least seven stories.

Gateway 3 approvals are intended to be completed within eight weeks, but according to Irwin Mitchell’s FOI request, out of 158 applications submitted last year, 55 took more than three months to receive a decision.

The FOI also revealed that 44 schemes remain undecided more than three months after submission, with the longest case waiting 550 days for approval.

Irwin Mitchell has previously highlighted the impact of delays at Gateway 2, but the new data shows that Gateway 3 is also causing a bottleneck.

These findings come at a time of heightened scrutiny for the BSR, following criticism from a House of Lords committee in December and the regulator’s recent transition from the Health and Safety Executive to a standalone organisation. While the shift is intended to strengthen oversight and support the creation of a single construction regulator, Irwin Mitchell warns that operational performance must improve if the system is to function as intended.

Vijay Bange, National Head of Construction at Irwin Mitchell said:

“We fully support the need for a strong, independent regulator and recognise the importance of rigorous oversight. But our FOI findings show that the current Gateway 3 process is not delivering decisions within the statutory timeframe.

 

“Thousands of completed homes are sitting empty for months on end. This is financially damaging for developers and deeply frustrating for residents waiting to move into safe, modern homes.

 

“The transition to a standalone regulator provides an opportunity for improvement, but the delays we are seeing now are unsustainable. Greater transparency, clearer communication and better resourcing are essential if Gateway 3 is to operate effectively.”

Irwin Mitchell is urging the government, the BSR and industry to work collaboratively to streamline approvals and ensure the building safety regime delivers on its promise to protect residents while enabling the safe delivery of new homes.

Irwin Mitchell is hosting a seminar on 24 March about navigating the higher risk building regime across the transaction cycle. Experts from Irwin Mitchell and SOCOTEC Advisory will guide attendees through the practical steps required to navigate the new BSR regime, contrasting it with the process for non higher risk buildings. Further information is available here - Navigating the Higher Risk Building regime across the transaction life