Submit a Gateway 2 application to BSR

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

Determination times have improved markedly since the 2025 reforms. The BSR's fast-track process and in-house Innovation Unit (established August 2025) now handle the majority of new-build applications, and by the end of 2025 the BSR was meeting or exceeding the 12-week statutory period for most of them, with a stated ambition to cut approval times further. Check the BSR's published quarterly application data for current performance.

You should still:

• Submit your application well 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 beyond the 12-week statutory period
• 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.

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. The BSR now accepts staged applications for new higher-risk buildings - for example, splitting groundworks and foundations from the superstructure - so discuss a staged approach with the BSR if it suits your programme; otherwise 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.

Fees for Gateway 2 applications

Fees are set by the Building Safety (Regulator's Charges) Regulations 2023 (SI 2023/965) and charged under the BSR charging scheme. Under the 2026 to 2027 scheme (from 8 April 2026), the building control application charge is GBP 195 plus GBP 156 per hour of assessment time. Payment is required at submission. Check the current charging scheme on the BSR pages - additional charges 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. If your application is refused, you have 21 days to request a review by the regulator, and if still dissatisfied, a further 21 days after the review decision to appeal to the First-tier Tribunal (regulations 48 and 49 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023). In practice, resolving the issues and resubmitting is usually faster.

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. The BSR has 6 weeks (the statutory period) to determine a major change control application.

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

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.