Building Safety Act Gateways explained for the Construction industry

Building Safety Act Gateways explained for the Construction industry

Under the Building Safety Act 2022, there are key stages to the building control process referred to as Gateways.

The Building Safety Act Gateways serve as critical checkpoints in the lifecycle of a building. They ensure that safety has been prioritised from the initial design phase, right the way through to occupancy.

Developed in response to past tragedies and evolving challenges within the construction industry, the Building Safety Act Gateways establish a structured framework to review safety critical information at three key stages, thus ensuring that every higher risk building is planned, constructed and maintained to the highest of safety standards.

In this blog, we’ll explain each gateway in detail and what must be provided at each key stage of the process.

 

What is considered a Higher Risk Building?

Under the Building Safety Act 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023, a Higher-Risk Building in England is defined as a building with a minimum of 7 storeys or height of at least 18m (whichever is met first), containing a minimum of 2 residential units. Exemptions include, but are not limited to: Hotels, care homes and military accommodation.

 

Who is The Building Safety Regulator (BSR)?

The Building Safety Regulator (BSR) became the Building Control Authority for all Higher Risk Buildings (HRBs) in England in October 2023. 

The Building Safety Regulator is part of the HSE and comprises of a multi-disciplinary team of experts from various fields such as a structural engineer, a fire safety specialist and other specialists as required to review documentation submitted on an individual project throughout the gateway process. 

Anyone who applies for building control approval must ensure their application is clear and comprehensive and demonstrates compliance with the building regulations. 

At each stage of the application, the BSR needs to see the exact standards, codes or documents that each aspect of the Higher Risk Building complies with, why the standards were chosen, and how they apply to the project. 

Any applications which do not hold the level of required information, do not hold enough detail, or fail to demonstrate very clear compliance with regulations, will be rejected. 

 

Building Safety Act Gateways: What are they?

The gateway requirements and procedures are detailed within the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (The HRB Regs). Each of the three gateways acts as a holding point, requiring the submission of evidence to the Building Safety Regulator at each gateway and then requiring approval before progressing to the next. Each Gateway acts as a checkpoint to ensure a building’s safety has been prioritised; from the initial planning and design, through to construction and then occupancy. 

The 3 Gateways: 

1. Gateway 1 – Planning
2. Gateway 2 – Pre-construction approval
3. Gateway 3 – Pre-occupation sign-off

It is important to note that although the formal gateway process only applies to Higher Risk Buildings, the documentation captured at each stage of planning through to design and build should still be captured for standard construction projects, i.e. design plans, fire safety information, ensuring competent organisations and individuals have been appointed for the project etc.

The information captured at each gateway will later form part of the Golden Thread of Information which must remain available throughout the entire lifecycle of the building. 

 

Building Safety Act Gateways

Building Safety Act Gateway 1

Gateway 1 is focused on the planning stage. 

At this stage, a Fire Statement outlining fire safety considerations for the project must be submitted to the Building Safety Regulator. This is to ensure that fire safety is integrated into the design process early on e.g. fire escape routes are considered, materials to be used are suitable, firefighting access and structural fire protection has all been thought through. 

This information should be submitted alongside planning applications and is typically prepared by a fire engineer or a competent designer with expertise in fire safety regulations. 

This initial early design information must be approved by the Building Safety Regulator before proceeding to Gateway 2.

 

 

Building Safety Act Gateway 2 

Gateway 2 applies to the following: 

• The construction of a Higher-Risk Building. 

• Work to an existing Higher-Risk Building. 

• Work to change a building’s use to become a Higher-Risk Building. 

At this stage, an application to the Building Safety Regulator must be made for building control approval before any work can begin. Non-compliance with this can result in stop notices, fines and penalties. 

The documents to submit at this stage include: 

• Full plans – Architectural drawings, a site location plan, specifications, schedule of proposed works. 

• A competence declaration – A statement from the client confirming that all those included in the project have the necessary qualifications and experience and are competent to do so and how the client has ensured the competence of those working on the project. 

• The construction control plan – An outline of how building safety regulation compliance will be achieved during construction activities, including monitoring of personnel and practices and ensuring the competency of individuals is maintained throughout the project. 

• The change control plan – Procedures for managing changes to the project after approval has been granted. 

• A building regulations compliance statement – A document to explain how each aspect of the project will meet the building regulations including the methods and materials to be used. 

• A fire and emergency file – Strategies for managing fire safety risks when the building is occupied. This should include plans for fire prevention, detection, suppression and evacuation. 

• Mandatory Occurrence Reporting Plan – A regulatory requirement for Higher Risk Buildings, this should define the protocols for reporting significant issues discovered during design and construction phases. 

• Partial Completion Strategy – For projects where a building may be occupied before the project is completed, a proposal must be written explaining how this can be achieved safely. 

 

What happens during the review process?

The Building Safety Regulator has 12 weeks for a new HRB or 8 weeks for existing work to a HRB to approve and has made clear that the more detailed the application is, with the inclusion of relevant and comprehensive documents, the quicker it will be approved. It is important to note that many applications have been delayed or rejected due to incomplete or inadequate submissions that fail to demonstrate compliance with the building regulations.

If the Building Safety Regulator isn’t satisfied that the designs meet functional requirements or building safety regulations, they can enforce a hard stop and prevent construction work from beginning.

 

What happens if changes are made during a project?  There are 2 types of changes that require change management: Major changes  A major change must receive formal approval from the Building Safety Regulator before implementation. Such changes would reflect major deviations from the original, approved plans e.g. changes that affect fire safety or structure. Notifiable changes  A notifiable change must be reported to the Building Safety Regulator but work can often proceed with minimal delay. An example of a notifiable change would be a modification that does not significantly impact building safety but must still be logged, e.g. a minor material substitution. All changes must be included in a change management log which will later form part of the Golden Thread.

 

Where can you find registered Principal Designers and Principal Contractors? 

At Constructionline (a Once For All company), as part of our BSA Assessments, we verify that organisations have the general organisational capability required to carry out any building work or design work on a project in accordance with all relevant requirements. 

What this means in practice is defined in the Building Regulations 2010 as organisations having ‘…appropriate management policies, procedures, systems and resources to ensure’ that the individuals under their control have the skills, knowledge, experience and behaviours to carry out their work in accordance with these requirements. British Standard BS 8670 details what should be considered as necessary co ponents of competence, and this document forms the basis of our verification criteria. 

Whether you’re a main contractor looking to source competent organisations to join your project, or an organisation looking to demonstrate your own organisational competence, we have a solution for you. 

Alternatively, you may be a Client looking for a Principal Designer to assist you in the preparation of the required documentation. 

Did you know? We have registered Principal Designers on our platform! 

CTA: Find a registered Principal Designer 

 

We can help you navigate Gateway 2 

Main Contractors  Perfect for assessing your supply chain and projects in line with the legislation: Get a one-click view of your supply chain’s compliance with the Building Safety Act, using our BSA Radar solution.

Subcontractors  Check out our Gold and Platinum compliance memberships, including our BSA Assessments for Higher-Risk Buildings and Standard Construction.   Exclusively aligned up to the Common Assessment Standard and BS 8670-1: 2024, organisational competence.

Did you know? We can help you demonstrate organisational competence with BS 8670-1: 2024 for the construction industry 

 

Building Safety Act Gateway 3 

Gateway 3 acts as a hard stop before occupation to ensure that the completed building aligns with the safety requirements and plans demonstrated at the previous gateways. This stage also ensures that the Golden Thread is up to date and ready to be taken forward by the Principal Accountable Person. 

The following must be submitted to the Building Safety Regular (BSR) for approval: 

• As built plans – The final construction drawings that reflect what was actually built. 

• Fire and Emergency File – Details of the building fire strategy, evacuation plans and safety systems. 

• Construction compliance declaration – A statement confirming the building has been constructed in line with the previously approved plans. 

• Golden Thread of information – A complete record of all safety critical information that has been obtained throughout the design and construction process. 

• Handover Information – Documents needed for future safety management e.g. Building Operation Manual, maintenance schedules etc. 

The Building Safety Regulator will review the documents and conduct inspections as required. If they are satisfied that the building meets all required specifications in line with previously approved plans, they will issue a Completion Certificate which indicates the building has received sign off and is ready for occupancy. 

All information is then handed over to a Principal Accountable Person (e.g. a landlord or management company) who will be responsible for ensuring the safety of the building and occupants going forward and for maintaining the Golden Thread of information throughout the lifecycle of the building.

 

Conclusion 

The Building Safety Act Gateways are crucial for ensuring that higher-risk buildings (HRBs) are designed, constructed and occupied safely. By introducing three key checkpoints, the Act creates a structured process to prioritise safety at every stage. The gateways prevent unsafe designs from progressing, they enforce compliance with the Building Regulations and they ensure that critical safety information is documented through the Golden Thread. 

Ultimately, this system enhances transparency, accountability and the long-term safety of residents, reducing the risk of tragedies like the Grenfell Tower. By enforcing rigorous oversight, the Building Safety Act protects residents, strengthens regulatory compliance, and fosters a culture of safety within the construction industry. 

 

Need more help navigating the Building Safety Act? Check out our BSA Hub and whitepapers 

Full government guidance about Building Safety Act Gateways 2 and 3 can be found here. 

Further Building Safety Act Gateway information can be found here.