Building Safety Act · Mandatory · Pre-Construction

Gateway 2 Application Pack

The application pack submitted to the Building Safety Regulator at Gateway 2 before construction of a higher-risk building can begin.

Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. BSA 2022 / BSR Guidance remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.

Legal basis	Building Safety Act 2022 + Building (Higher-Risk Building Procedures) (England) Regulations 2023
Status	Mandatory — building work on an HRB CANNOT commence without BSR approval
BSR response time	12 weeks from complete application receipt (existing HRBs: 8 weeks)
Design freeze	Design must be substantially complete before submission
Criminal offence	Starting HRB construction without Gateway 2 approval is a criminal offence under the BSA

1. Gateway 2 — The Most Significant Change to Construction of High-Rise Residential Buildings

Gateway 2 represents the most fundamental change to the building control regime for high-rise residential construction in decades. Previously, construction could begin on deposit of plans — often before significant design detail was available. Under the BSA, no HRB construction work can begin until the BSR has reviewed the full design and granted approval. With a 12-week assessment period and the need for a substantially complete design, the programme implications for HRB projects are profound.

The application pack is not a simple building regulations submission — it is a comprehensive evidence package demonstrating: design compliance with Building Regulations; the competence of the design and construction team; the systems in place to manage construction quality and changes; and the arrangements for the golden thread and mandatory occurrence reporting. Preparing a compliant Gateway 2 application requires significant lead time and input from all members of the project team.

Gateway 2 approval must be obtained BEFORE construction commences — starting work without approval is a criminal offence

The Building (Higher-Risk Building Procedures) (England) Regulations 2023 make it a criminal offence to carry out higher-risk building work without BSR approval. The financial pressure to start on site before approval is obtained must be resisted. The BSR has enforcement powers including stop notices and prosecution. The 12-week assessment period must be factored into the project programme from the outset — not treated as a surprise delay after all other programme activities have been scheduled.

2. Gateway 2 Application Pack — Component Documents

The following documents must be included in the Gateway 2 application pack submitted to the BSR.

Document	Description
Full plans	Architectural, structural, MEP drawings demonstrating compliance with all applicable Building Regulations. Must be sufficiently detailed for BSR to make its assessment.
Competence declarations	PD and PC declarations confirming they meet the competence requirements of Building Regs Part 2A. See K9.
Design and build approach	How the proposed design complies with Building Regulations. Standards used and justification for design decisions.
Construction control plan	How Building Regs compliance will be managed during construction. Inspection regime; quality assurance; ITPs.
Change control plan	How changes arising during construction will be identified, assessed, and approved before proceeding. Relationship to BSR notification requirements. See K5.
Fire and emergency file	Fire safety design: fire strategy; evacuation plans; suppression systems; external wall specification. See K7.
Mandatory occurrence reporting	The system for reporting safety occurrences to BSR during construction. Who is responsible; what triggers a report; timescales.
Golden thread arrangements	How the golden thread will be created, maintained, and passed to the PAP. Electronic format; version control. See K1.
Client authorisation	Written authorisation from the client for the application to be made.

3. Common Mistakes

Submitting an incomplete or insufficiently detailed application

The BSR may reject or require significant revision of incomplete applications. Each rejection resets the 12-week assessment clock. Common deficiencies: insufficient structural detail in the plans; generic competence declarations not specific to the project; construction control plan that is a template rather than project-specific; change control plan without clear BSR notification thresholds.

Not allowing for the 12-week assessment period in the project programme

Gateway 2 assessments take 12 weeks from receipt of a complete application. If the application is rejected and needs revision, this adds further time. The programme for any HRB project must build in Gateway 2 assessment time before the planned construction start date — not assume that approval will come in less than 12 weeks.

Proceeding with Design and Build without recognising the Gateway 2 constraint

Traditional D&B approaches where detailed design is developed during construction are fundamentally incompatible with Gateway 2. The application requires a substantially complete design before construction starts. D&B contracts for HRBs require earlier design completion than is typical for non-HRB D&B projects.

Not engaging a competent Principal Designer and Principal Contractor before Gateway 2

The Gateway 2 application requires competence declarations from both the PD and PC. If these appointments are not confirmed before the application is submitted, the application cannot be complete. The PD and PC must be appointed, confirmed as competent, and providing input to the application well in advance of the Gateway 2 submission date.

Not establishing the mandatory occurrence reporting system before commencement

The Gateway 2 application must describe the mandatory occurrence reporting system. This system must be operational before construction commences — not established later during construction. The duty to report begins when construction starts.

4. Frequently Asked Questions

What triggers a mandatory occurrence report during construction?▾

Mandatory occurrence reporting (MOR) during construction requires reporting to the BSR of any occurrence that has or could cause structural failure or the spread of fire that is likely to cause risk of death or serious injury. The Principal Contractor and Principal Designer are responsible for submitting MOR notices and reports. A safety occurrence includes both an incident that has happened AND the risk of a future incident. Reports are submitted via the BSR’s online portal. Initial notice as soon as reasonably practicable; full report within 10 days.

What is the Gateway 2 assessment fee?▾

The BSR charges fees for Gateway 2 assessments under the Building Safety (Regulator’s Charges) Regulations 2023. Fees vary by project complexity. Current fees should be verified at hse.gov.uk/building-safety as they are reviewed periodically. The fee must be paid with the application; the 12-week assessment period does not start until a complete application and the fee are received.

Can any work start before Gateway 2 approval?▾

Limited preliminary works may be permitted before Gateway 2 approval — specifically, investigatory or exploratory works (boreholes, enabling works that don’t constitute ‘building work’). However, any work that constitutes building work under the Building Regulations requires Gateway 2 approval. The boundary between enabling works and building work should be carefully assessed with legal advice for each specific project.

What happens if design changes are needed after Gateway 2 approval?▾

Changes after Gateway 2 approval are subject to the Change Control regime under the BSA. Some changes are ‘notifiable changes’ requiring BSR notification before proceeding. The change control plan submitted at Gateway 2 describes how changes will be managed and which thresholds trigger BSR notification. See K5 (Change Control Log).

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