Building Control Approval: The impact of the Building Safety Regulator on Gateways 2 and 3

The introduction of the Building Safety Act (2022) came as a monumental shift in UK law, in a bid to make buildings safer for everyone. As a result, the Building Safety Act Gateways review and approval system was introduced for higher-risk buildings, from approving designs, to build, through to occupation.  

By Summer 2025, building applications were either at a standstill or resulting in countless rejections by the Building Safety Regulator at Gateway 2, reportedly down to issues such as admin delays, miscommunication and lack of training for those approving designs. As a result, whilst designed to enhance safety and encourage more building activity, the Building Safety Act Gateways created substantial bottlenecks in the approval process. 

Fortunately, a year on, we’re starting to see a more positive story, with approval rates up to 82% at Gateway 2 (up to 1st August 2026)¹. What has encouraged such significant advancement? 

In this blog, we highlight: 

• What the Building Safety Act Regulator and Gateways are 
• The effect Building Safety Act Gateways 2 and 3 continue to have on the industry and approval processes 
• What’s happened so far as a result of changes to the Building Safety Regulator 
• Why approval rates have changed 
• The state of remediation 
• How to stand out for opportunities as more work filters through the pipeline 

 

What is the Building Safety Regulator and the Building Safety Act Gateways? 

Set up under the Building Safety Act (2022), the Building Safety Regulator² sets out rules to protect the design and construction of higher-risk buildings and to:  

• Regulate higher-risk buildings  
• Raise safety standards of all buildings  
• Help professionals in design, construction, and building control, to improve their competence  

3 key gateways were also introduced under the building safety legislation as checkpoints to ensure a higher-risk building’s safety, from its design, through to occupation:  

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

 

Building Control Approval rates for Higher-Risk Buildings 

By March 2025, the BSR (which was still under the HSE) revealed a desperate picture, with 50% of applications for existing HRBs and 45% for new higher-risk-buildings being rejected, mainly down to failure to meet legal and regulatory requirements. 

Companies felt the effects of these delays and rejections, saying, “it’s a wrecking ball for cashflow”, not helped by 1,300 finished flats lying empty at gateway 3 in the approval process too³. This posed a setback for Labour’s 2024 election manifesto to build 1.5m homes in England by 2029⁴: with homes not being approved, targets can’t be met. 

 

How the reform of Building Safety Regulator has transformed Building Control Approval 

Fast forward to 2026 and the state of the Building Safety Regulator tells a completely different story. 

Delays were caused by a lack of in-house technical staff being able to review submissions: since being moved to a standalone organisation under the Ministry of Housing, Communities and Local Government⁵, the Building Safety Regulator has seen delays in submissions drop significantly and approval rates increased. In the 12 weeks up to 1st August 2026, HRB approvals for gateway 2 stood at 82%⁶ – a significant contrast to the state of the BSR in 2025. This indicates a brighter picture for buildings awaiting approval, as Keele University previously experienced. 

 

 

Remediation efforts paying off 

Remediation applications are seeing a positive shift too: the Building Safety Regulator reported that approval times fell from 43 weeks to 34 weeks, along with approval rates from 47% to 85%¹⁰.  

The introduction of the Building Safety Levy in October 2026 will also help fund the remediation efforts in a bid to complete works.  

 

What improvements have been made? 

In June 2025, the government published news on its reform of the Building Safety Regulator, with the introduction of a ‘New Fast Track Process to enhance the review of newbuild applications, unblock delays and boost sector confidence’¹¹ as well as keep on track of its 1.5 million new homes goal. 

Lord Andrew Roe was also appointed as the new Interim Chair of the Building Safety Regulator, where he’d previously been London Fire Commissioner, therefore has appropriate experience and leadership to encourage change. 

The BSR will streamline the external remediation building control process by moving away from written communication and towards direct engagement with applicants, which in turn enhances their knowledge in future applications¹². 

 

What can the construction industry expect as a result of these improvements? 

Change is paying off under the Building Safety Act, but there is still a long way to go. 

With more applications gaining approval at gateway 2, this indicates future movement for the construction industry, where main contractors will soon start bidding for contracts as they progress. This means more opportunities will trickle down the pipeline: clients and contractors will be looking for subcontractors to fulfil their needs. 

And some of those main contractors exclusively use our Marketplace… 

 

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As more tenders open up from main contractors, this acts as an opportunity for subcontractors to build their business pipeline and experience for even more future jobs. 

Subcontractors 

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Main contractors 

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