Respond to Gateway 2 rejection

The BSR issues different responses. Check which you received:

• Rejection at validation: The application was invalid (incomplete or wrongly made) - correct and resubmit
• Request for further information: Application incomplete - provide details within the deadline
• Grant subject to requirements: Approved, but with requirements you must meet
• Refusal: Formally refused - submit a new application, or request a review and then appeal

Common rejection reasons

• Incomplete fire safety strategy
• Inadequate competence evidence for duty holders
• Missing construction control plan
• Insufficient structural information
• Golden thread deficiencies

Read your notice carefully - the BSR must give specific reasons.

You have two options: challenge the decision (review, then appeal) or resubmit.

When to challenge

• The BSR misinterpreted your application or regulations
• You have evidence that was not properly considered
• The rejection reasons are factually incorrect

Review request deadline: 21 days from the decision.

When to resubmit

• The rejection identifies genuine gaps
• You can address the deficiencies
• Appealing would take longer than fixing the issues

You must first request a review by the BSR within 21 days of the decision (Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, regulation 48). If you disagree with the review outcome, you can then appeal to the First-tier Tribunal within 21 days of the review decision (regulation 49). Grounds include an error of fact, the decision being wrong in law, unreasonableness, or procedural failure.

Address every issue the BSR identified. Common areas to strengthen:

• Fire safety strategy: Engage a competent fire engineer
• Competence evidence: CVs, qualifications, BSI Flex 8670 references
• Construction control plan: Include change control procedures
• Golden thread plan: Digital information management approach

• Review and professional advice: 1-2 weeks
• Additional technical work: 2-6 weeks
• Prepare revised application: 1-2 weeks
• BSR assessment: 12 weeks statutory period for new buildings (8 weeks for work to an existing higher-risk building) - since the 2025 fast-track reforms most new applications are determined within or close to this

Total delay: Often 4-6 months including rework time - check the BSR's latest published determination data and factor this into stakeholder communications.