High Risk Building Gateways 1/2/3 (Regulator Approval)

Description

The role of the Building Safety Regulator (BSR)

The BSR oversees and approves building work for higher-risk buildings. These are buildings that have at least:

  • 7 storeys or are at least 18 metres high
  • 2 residential units, or are a hospital or care home

A higher-risk building with at least 2 residential units must be registered with the BSR before people live there. When you submit a building control approval application, BSR uses it to check that the:

  • Proposed work will comply with building regulations
  • The client will properly manage the project
  • The client appoints people to work on the project who are competent to do their job

You can find out more about the duties of the client, designers and contractors in the guidance about design and building work meeting building requirements.

Non-higher-risk buildings

Do not apply to the BSR for building control approval for non-higher-risk-buildings. For non-higher-risk buildings:

  • There is a separate process to apply for building regulations approval
  • Building control is managed by either local authorities or businesses registered as building control approvers
The Statutory Gateways

The BSR enforces a system of three statutory "gateways" under the Building Safety Act. These gateways are formal regulatory control points as key stages of a high-risk building (HRB) project. In summary, they mean that a project cannot proceed to the next stage without regulatory approval, ensuring safety is properly considered, evidenced and approved throughout the lifecycle. The gateways align with the key RIBA Plan of Work stages:

  • Gateway 1 occurs during planning (RIBA 3)
  • Gateway 2 sits before construction (End of RIBA 4/Start of RIBA 5)
  • Gateway 3 takes place at completion (RIBA 6)
Gateway 1 (Planning)

Occurs at the planning application stage. Requires submission of a fire statement to demonstrate fire safety is considered early, ensuring safe escape, access and water supply.

Gateway 2 (Pre-construction)

Occurs prior to construction work beginning on a higher-risk building. It provides a "hard stop" where construction cannot begin until the Building Safety Regulator is satisfied that the design meets the functional requirements of the building regulations. 

Application requirements include (list not exhaustive):

  • Plans of the building
  • Competence declarations
  • Building safety regulation compliance statement
  • Fire and emergency file
  • Construction control plan
  • Change control plan
  • Mandatory occurence reporting plan
  • Partial completion strategy (if relevant)
Gateway 2 timeline for review & approval

The BSR has 12 weeks to assess an application for HRB (8 weeks for works to an existing HRB)

Gateway 3 (Completion)

A hard stop before occupation. The BSR inspects the as-built building to confirm it matches the approved plans and complies with regulations, issuing a Completion Certificate. Only once Gateway 3 has been passed can the new building be registered with the Building Safety Regulator and occupation of the building is allowed to commence.

Gateway 3 application requirements (list is not exhaustive):

  • Completion certificate application submitted to the regulator
  • As-Built plans and information
  • Other plans as necessary
  • Final versions of the construction control plan
  • Change control plan
  • Mandatory occurrence reporting plan
  • Building regulations compliance statement
  • Fire and Emergency File
  • Copy of the change log 
  • Information captured through construction
  • Commissioning and final inspections, a statement that the building satisfies all functional requirements of the building regulations
Gateway 3 timeline for review & appeal

The regulatory has 8 weeks to determine an application for a completion certificate, after which the building must be registered before it can be occupied. 

Registration & occupation 

New higher-risk buildings can only be registered with the Building Safety Regulator after Gateway 3 has been passed - either for partial or full completion.

Engagement

Project Manager to ensure engagement with the Building Safety Regulator at all stages of the project lifecycle and in particular at the Gateway stages where they will be required to submit the relevant documentation to support approval and proceed to the next stage. 

Forms & Links

 HRB Regulation 2023: The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

Register Application: Applying to register a high-rise residential building - GOV.UK

Meeting Building Requirements: Design and building work: meeting building requirements - GOV.UK

Approvals & Compliance Review

In addition to the regulatory gateway approvals listed above: 

The Estates Records & Archives Officer to carry out random audits of project filing and contact the Project Manager if folders need to be populated.

The BSA Health & Safety Advisor will carry out random audits of the information on and linked to the building Golden Thread and contact the Project Manager if folders need to be populated.