Guide
Submit a Gateway 2 application to BSR
How to apply for Gateway 2 building control approval from the Building Safety Regulator before starting construction on a higher-risk building. Covers submission requirements, documentation, fees, realistic timescales, and change control procedures for principal designers, principal contractors, and developers in England.
Why Gateway 2 is a critical hard stop
Gateway 2 is the mandatory pre-construction approval checkpoint for higher-risk buildings under the Building Safety Act 2022. It is a hard stop - you cannot legally begin any construction work until you have received formal approval from the Building Safety Regulator (BSR).
Starting construction without Gateway 2 approval is a criminal offence punishable by unlimited fines and imprisonment. This applies to all work on the building, not just safety-critical elements. There are no exceptions or workarounds - the BSR will not issue retrospective approvals.
This guide explains what you must submit, when to apply, what to expect during assessment, and how to manage changes after approval is granted.
When to submit your Gateway 2 application
Timing your Gateway 2 application correctly is critical to avoiding costly project delays. The statutory determination period is 12 weeks for new higher-risk buildings (8 weeks for works to existing higher-risk buildings), but you must plan for significantly longer in practice.
Planning for realistic timescales
Industry experience shows that Gateway 2 determinations are taking significantly longer than the statutory period. As of early 2025, the average determination time is approximately 22 weeks - nearly double the statutory 12 weeks. Some complex projects have taken 30+ weeks.
You should:
- Submit your application at least 6 months before your intended construction start date
- Do not order materials, mobilise contractors, or commit to construction contracts until you have Gateway 2 approval
- Build contingency into your project programme - assume 22-26 weeks for determination, not 12
- Factor in time for BSR queries and potential requests for additional information
Warning: If you have already ordered materials or contracted construction crews based on an optimistic timeline, you may face significant costs if your Gateway 2 determination takes longer than expected. The BSR is not liable for these costs.
Impact on construction programming
Principal contractors should advise clients that any construction programme for a higher-risk building must treat Gateway 2 approval as a genuine hard stop. Do not allow clients to pressure you into starting work before approval is received.
If a client insists on starting work without Gateway 2 approval, you should refuse. Both the client and the principal contractor can be prosecuted for this offence. Document any pressure to proceed without approval.
What you must submit for Gateway 2
Gateway 2 requires a comprehensive submission demonstrating that your building will comply with all applicable building regulations, with particular focus on fire and structural safety. Partial or staged applications are not permitted for higher-risk buildings - you must submit the complete design.
Required documentation
1. Full plans and specifications
- Complete architectural drawings showing all floors, elevations, and sections
- Structural design with calculations and specifications
- Mechanical and electrical services designs
- Building regulations compliance statement for all applicable parts
2. Fire safety strategy
- Comprehensive fire strategy document prepared by a competent fire engineer
- Fire safety analysis demonstrating compliance with Approved Document B (or equivalent)
- Means of escape provisions, including evacuation strategy
- Active fire protection systems (sprinklers, smoke control, detection)
- Passive fire protection measures (compartmentation, fire doors, fire stopping)
- Access provisions for fire and rescue services
3. Construction control plan
- How building safety will be managed throughout construction
- Inspection and testing regimes
- Quality assurance procedures
- Change control arrangements (how changes will be identified, assessed, and managed)
- Competence arrangements for contractors and workers
4. Dutyholder declarations
- Formal appointment of Principal Designer in writing
- Formal appointment of Principal Contractor in writing
- Competence statements from both duty holders
- Client acknowledgement of their duties under the Building Safety Act
How to submit via the BSR online portal
All Gateway 2 applications must be submitted through the Building Safety Regulator's online portal. Paper applications are not accepted.
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Create a BSR account
Register at hse.gov.uk/building-safety with your organisation and role details.
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Start a new Gateway 2 application
Select 'Apply for building control approval' and confirm your building meets the higher-risk definition.
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Enter building and site details
Provide site address, building details, storeys, height, residential units, and Gateway 1 planning reference.
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Upload design documentation
Upload all required documentation (full plans, fire strategy, construction control plan) in accepted formats.
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Complete dutyholder declarations
Enter Principal Designer and Principal Contractor details with competence statements.
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Review and submit
Review for accuracy - amendments after submission cause delays.
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Pay and await acknowledgement
Pay the Gateway 2 fee online. BSR acknowledgement starts the statutory determination period.
Fees for Gateway 2 applications
Fees are set by the Building Safety (Regulator's Charges) Regulations 2023 and calculated based on building type and complexity. Payment is required at submission. Check the current fee schedule on the BSR website - additional charges may apply for extended assessments.
What happens during BSR assessment
The BSR will assess your application against building regulations, focusing on fire and structural safety. The process involves:
- Initial review (weeks 1-2): Completeness check - incomplete applications may be rejected
- Technical assessment (weeks 2-12+): Detailed review by BSR specialists, potentially consulting fire services
- Queries: Respond promptly - delays in your response extend determination time
- Determination: Approval, conditional approval, or rejection with reasons
Common rejection reasons include inadequate fire strategy, incomplete documentation, and concerns about dutyholder competence. There is no appeal - you must resolve issues and resubmit.
Managing changes after Gateway 2 approval
Once you have Gateway 2 approval, you cannot simply make changes to the approved design without following the formal change control process. The type of change determines what action you must take.
Major vs notifiable changes
Major changes (fire systems, structural modifications, means of escape, external walls, compartmentation) require formal BSR approval before work proceeds. BSR has 6-8 weeks to respond.
Notifiable changes must be reported before work commences but do not require approval. BSR may escalate notifiable changes to major status.
Criminal offence: Proceeding with unapproved major changes carries the same penalties as starting without Gateway 2 approval.
Penalties for non-compliance
The Building Safety Act creates serious criminal offences for Gateway 2 breaches. These apply to individuals (including directors and officers) as well as corporate bodies.
Who can be prosecuted
The BSR can prosecute:
- The client: For authorising or allowing construction to start without approval
- The principal contractor: For carrying out construction work without approval
- Directors and officers: Where a corporate offence is committed with their consent, connivance, or neglect
"I didn't know we needed Gateway 2 approval" is not a defence. Duty holders are expected to understand their legal obligations. Ignorance of the Building Safety Act requirements will not prevent prosecution.
Preparing for a successful Gateway 2 submission
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Appoint competent duty holders early
Ensure your Principal Designer and Principal Contractor have experience with Building Safety Act requirements and gateway submissions.
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Engage a competent fire engineer
A weak fire strategy is the most common rejection reason. Appoint a fire engineer with higher-risk building experience.
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Complete design before submission
Gateway 2 requires your complete design. Incomplete submissions will be rejected or significantly delayed.
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Establish golden thread systems from day one
Set up digital information management before design begins. Retrofitting records later is expensive and error-prone.
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Allow realistic timescales
Plan for 22-26 weeks, not the statutory 12 weeks. Do not make financial commitments assuming faster timelines.
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Respond to BSR queries promptly
Slow responses extend determination time. Designate someone to respond to BSR queries within days.
What happens next
Once approved: keep approval on site, maintain golden thread records throughout construction, follow change control procedures, and prepare for Gateway 3. The BSR may inspect during construction and will assess as-built work before occupation is permitted.