Guide
Build and manage higher-risk buildings safely
How construction businesses must comply with the Building Safety Act 2022 when developing higher-risk buildings (18m+ or 7+ storeys). Covers the gateway approval process, golden thread record-keeping, and accountable person responsibilities. England only.
If you develop, construct, or manage residential buildings that are 18 metres or more in height (or 7 or more storeys), you must comply with the Building Safety Act 2022. This legislation, enacted in response to the Grenfell Tower tragedy, creates the most significant reform of building safety regulation in England for a generation.
The Act fundamentally changes how higher-risk buildings are designed, constructed, and managed. As a construction business, you need to understand the new gateway approval system, your record-keeping obligations under the "golden thread" requirements, and the severe penalties for non-compliance.
Key dates: The gateway system became mandatory from 1 October 2023. The Building Safety Regulator (part of HSE) is now the sole building control authority for all higher-risk buildings in England.
Construction sector obligations
The Building Safety Act creates specific duties for construction businesses:
- Principal Designers must coordinate design work and manage pre-construction safety information
- Principal Contractors must coordinate construction phase safety and maintain the golden thread
- All contractors must cooperate with duty holders and report safety concerns
- Developers/clients must appoint competent duty holders and ensure sufficient time and resources
These duties are legally binding and non-delegable. You can employ others to carry out tasks, but you remain personally liable for failures.
What makes a building "higher-risk"?
The Building Safety Act defines higher-risk buildings based on height, storeys, and residential use. You only need to meet ONE of the height thresholds (not both), but the building must contain at least 2 residential units to qualify.
This definition is critical for construction planning. If your project might be borderline, get confirmation from the Building Safety Regulator early - classification errors can result in criminal prosecution.
How height is measured
Height measurement follows specific rules that can affect whether your building qualifies:
- Measure from ground level to the top of the floor surface of the top storey
- Roof-top plant rooms are excluded from the measurement
- Basement storeys are excluded from the storey count (but not height measurement)
- For sloping sites, measure from the lowest point of the ground level
A building measuring 17.9 metres is not higher-risk. A building measuring 18.0 metres is. Given the severe consequences of misclassification, commission a professional survey if your design is anywhere near the threshold.
The three gateway approval process
New higher-risk buildings must pass through three mandatory approval stages before anyone can occupy them. Each gateway requires formal approval from the Building Safety Regulator - you cannot proceed to the next stage without it.
Critical warning: Starting construction without Gateway 2 approval, or allowing occupation without Gateway 3 approval, is a criminal offence punishable by unlimited fines and imprisonment.
Programme implications for construction businesses
The gateway process has significant implications for project programming:
- Gateway 1 adds fire statement requirements to planning - allow 2-4 weeks additional design time
- Gateway 2 has a 12-week statutory determination period. BSR's Innovation Unit meets this for new applications, but legacy applications averaged 36 weeks in mid-2025. Build in 20-36 weeks contingency depending on application route
- Gateway 3 has an 8-week statutory period. Do not promise handover dates without this buffer
- Change control during construction requires BSR notification or approval - design changes cannot be made freely
Staged applications (designing as you build) are not appropriate for higher-risk buildings. You must submit whole-building design at Gateway 2. This fundamentally changes the traditional procurement model for tall residential buildings.
Gateway 2: Pre-construction approval
Gateway 2 is the critical control point for construction businesses. You cannot break ground until you have written approval from the Building Safety Regulator.
What you must submit:
- Full design details covering structure, fire safety, and means of escape
- Fire safety provisions and fire strategy
- Access provisions for firefighters
- Drainage design
- Construction control plan showing how you'll manage changes and maintain the golden thread
Common reasons for rejection or delay:
- Incomplete fire safety information
- Insufficient detail on construction methodology
- Unclear competence evidence for duty holders
- Missing coordination between design disciplines
Gateway 3: Completion certificate
Before any resident can occupy the building, you must obtain a Higher-Risk Building Completion Certificate. This is separate from any local authority building control completion - only the BSR can issue this certificate for higher-risk buildings.
The Gateway 3 application must be signed by the client, principal designer, and principal contractor - all three must certify that the building meets requirements. This creates shared legal accountability.
Documentation required:
- Complete golden thread records from design and construction
- As-built drawings showing any changes from Gateway 2 submission
- Fire safety information including emergency procedures
- Test certificates and commissioning records
- Health and safety file for handover
Golden thread record-keeping
The "golden thread" is a digital record of all information needed to understand and manage building safety throughout the building's lifecycle. Creating and maintaining this record is a legal duty, not a best practice recommendation.
For construction businesses, the golden thread represents a fundamental change in documentation practices. You cannot rely on paper records, unstructured folders, or informal knowledge - information must be digital, accessible, and transferable.
Who maintains the golden thread?
Responsibility transfers through the building lifecycle:
- Design phase: Principal Designer creates and maintains the golden thread
- Construction phase: Principal Contractor updates as building is constructed
- Handover: Complete records transfer to the Accountable Person
- Occupation: Accountable Person maintains for building's lifetime
Practical requirements for construction:
- Establish a digital information management system before design begins
- Record design decisions AND the evidence supporting them (not just final designs)
- Capture as-built information as construction progresses - do not wait until completion
- Track all changes and record who made them and when
- Use consistent terminology throughout (do not mix different naming conventions)
- Ensure records can be transferred electronically without data loss
What the golden thread must contain during construction
During design and construction, your golden thread must include:
- Drawings, plans, and competence declarations for all duty holders
- Construction control plan
- Change control plan and log (every variation from approved design)
- Building regulations compliance statement
- Fire and emergency file
- Planning statement
- Mandatory occurrence reporting plan
- Product information for all safety-critical materials
- Test results and certifications
This is not optional documentation - missing records can prevent Gateway 3 approval and expose duty holders to prosecution.
Accountable person duties
Once a higher-risk building is occupied, an Accountable Person (AP) takes legal responsibility for ongoing safety. For construction businesses, understanding these duties is essential because:
- Developers often remain the AP until buildings are sold
- You must hand over complete information to enable the AP to fulfil their duties
- Poor handover documentation exposes both parties to enforcement action
Handover to Accountable Person
The transition from construction to occupation is a critical moment. The Principal Contractor and Principal Designer must ensure the Accountable Person receives:
- Complete golden thread records (digital, accessible, transferable)
- Health and safety file compliant with CDM requirements
- Fire safety information including evacuation procedures
- Operation and maintenance manuals for all building systems
- Product certifications and test records
- As-built drawings reflecting actual construction
The AP must register the building with the Building Safety Regulator before occupation. Registration costs 251 GBP per building. Allowing residents to occupy an unregistered building is a criminal offence.
Penalties for non-compliance
The Building Safety Act introduces severe penalties that can affect construction businesses directly:
Personal liability for directors and officers
Directors, managers, and company secretaries can be prosecuted personally if corporate offences occur with their:
- Consent - you agreed to the non-compliant approach
- Connivance - you knew about it and did nothing
- Neglect - you should have known but failed to check
This means senior individuals in construction companies cannot hide behind corporate structures. If you have responsibility for building safety decisions and get them wrong, you face personal prosecution.
Limitation periods: There is no time limit for prosecuting building regulations contraventions. Enforcement action can be taken up to 10 years after completion of works. Problems discovered years later can still result in prosecution.
Action plan for construction businesses
Follow these steps to ensure compliance when developing higher-risk buildings:
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Confirm building classification at project inception
Calculate height and storeys against the legal definition. If borderline (within 1 metre of 18m or exactly 7 storeys), commission professional survey and seek BSR confirmation. Document your assessment - classification decisions may be scrutinised years later.
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Appoint competent Principal Designer and Principal Contractor
Verify competence before appointment - check experience with gateway submissions, golden thread systems, and higher-risk building projects. Document competence assessment. Incompetent appointments expose clients to prosecution.
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Establish golden thread system before design begins
Set up digital information management before any design work starts. Agree protocols for recording decisions, capturing evidence, managing changes, and version control. Retrofitting a golden thread later is expensive and risks gaps.
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Allow realistic programme time for gateway approvals
Gateway 2 is taking 20+ weeks in practice despite 12-week statutory target. Build contingency into programmes. Do not promise completion dates based on statutory minimums - assume delays and plan accordingly.
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Submit Gateway 1 fire statement with planning application
Work with fire engineers early to produce compliant fire statement. Incomplete submissions cause planning delays. HSE is a statutory consultee - their concerns must be addressed before approval.
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Submit Gateway 2 application before any construction
Prepare complete design documentation, fire safety strategy, and construction control plan. Submit at least 20 weeks before intended construction start. Do not order long-lead materials or mobilise contractors until approval received.
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Maintain golden thread throughout construction
Update records as work progresses - do not defer until completion. Record all changes, test results, and certifications contemporaneously. Gaps in records will delay Gateway 3 approval.
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Report safety occurrences to BSR
Mandatory occurrence reporting applies during construction. Report structural failures, fires, and other prescribed events. Failure to report is a separate offence.
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Prepare Gateway 3 application before handover
Compile complete as-built information, golden thread records, and safety documentation. Allow 12 weeks minimum before planned occupation. All three duty holders must sign the application.
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Hand over complete records to Accountable Person
Transfer golden thread and all building information to whoever will manage the occupied building. Provide training on maintaining records. Document the handover - you may need to prove what was transferred.
Common mistakes to avoid
Underestimating gateway timescales: Projects are being delayed by months due to gateway approval times. The 12-week statutory period for Gateway 2 is a minimum, not a guarantee.
Treating golden thread as a completion task: The golden thread must be created and maintained throughout design and construction. Trying to compile it at the end results in gaps and inconsistencies that delay Gateway 3.
Making design changes without BSR approval: Major changes during construction require BSR approval; notifiable changes require notification before work. Proceeding without approval is a criminal offence.
Incomplete competence evidence: "We've built tall buildings before" is not sufficient competence evidence. Document specific BSA experience, training, and qualifications for all duty holders.
Poor handover to Accountable Persons: Incomplete or inaccessible records create problems for building management and expose both construction business and AP to enforcement action.
Assuming previous experience is sufficient: The BSA regime is fundamentally different from previous building control. Experience under old rules does not automatically translate to competence under the new regime.