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In England, you generally need Building Safety Regulator (BSR) Gateway 2 approval before starting work to construct a higher-risk building (HRB), change an existing building so that it becomes or ceases to be an HRB, or carry out building work on an existing HRB. The first step is to check whether the building meets the HRB test; the second is to check whether the particular work is covered by an exception. A pending or validated application is not approval, and work requiring approval must not start while the application is being assessed.
First check whether the building is higher-risk
For the building-control Gateway 2 process in England, a building is an HRB if it meets the height or storey threshold and the relevant use test:
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- It is at least 18 metres high or has at least 7 storeys; and
- It contains at least 2 residential units, or it is a hospital or care home.
The height/storey condition and the use condition work together. A building does not qualify just because it is at least 18 metres high or has 7 storeys; its use must also meet the second part of the test. Conversely, a residential building with 2 or more units does not meet this HRB test for Gateway 2 unless it also reaches the height or storey threshold.
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Residential HRBs with at least 2 units must also be registered with the BSR before occupation. Registration is a separate requirement from obtaining Gateway 2 approval for building work.
Which projects need Gateway 2 approval?
The BSR is the building control authority for higher-risk building work in England. Its review considers whether the proposed work complies with building regulations, whether the client will manage the project properly, and whether the people appointed to carry out relevant work are competent.
Subject to the specific exceptions below, the approval requirement covers these three situations:
1. Constructing a new higher-risk building
A project to build a new HRB needs approval before construction starts. This includes a new building that meets the height or storey and use tests, and can include a conversion that results in a new HRB.
2. Work that changes a building’s HRB status
Approval is required before work to an existing building that will make it an HRB, or before work that will stop an existing building being an HRB. The trigger is the effect of the work on the building’s status, not simply whether the project is described as a new build or a refurbishment.
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3. Building work to an existing HRB
Building work to an existing HRB generally needs approval before it begins, unless the work falls within a specified exception. That can include work on a registered high-rise residential building or work involving connected HRBs. Where the scope is complicated, such as work spanning connected buildings or several work types, professional help may be useful in deciding how to apply.
A project can involve both higher-risk and non-higher-risk buildings. Normally, the BSR controls the HRB work while the local authority or a registered building control approver controls the other buildings. The BSR may agree to control both in limited circumstances, but applicants should not assume this will happen automatically.
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Exceptions are limited to specified work and circumstances. Do not treat an entire refurbishment as exempt just because it includes repairs or maintenance: an exception may cover only a particular component, while the wider project still needs an application.
Specified exempt work
The official list includes most repairs, replacements and maintenance, but it has exceptions. Examples included in the guidance are:
- Some electrical work.
- Replacement baths, toilets, basins and sinks.
- Insulation in roof spaces or under timber floors.
- Certain hot water systems under 15 litres.
- Gutters and downpipes.
- External doors with less than 50% of their surface glazed.
The guidance identifies heating systems, oil tanks, fuse boxes and glazing units among the exceptions to the broad category of most repairs, replacements and maintenance. Check the detailed official list against the exact work and item involved; a general description such as “repair” or “like-for-like replacement” is not enough to establish an exemption.
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Competent-person-scheme work
Work carried out under a competent person scheme does not need its own Gateway 2 approval. Ask the scheme provider whether its scheme covers the specific work being done in an HRB. If exempt or scheme work is part of a wider building project that needs an application, include that work in the project application rather than treating the whole project as exempt.
Qualifying fibre-optic cabling
Qualifying fibre-optic cabling work in an existing HRB is an exception to the usual application requirement. It has a separate notification requirement after completion, so exemption from an application does not mean there is no process to follow. The BSR guidance records a change concerning this work on 22 September 2026; check the current requirements for the particular cabling work.
Emergency repairs
Emergency repair is another specified exception. It should not be stretched to cover routine, planned work simply because delaying it would be inconvenient. If the situation is not clearly an emergency, check the applicable guidance before proceeding.
How to decide whether your project needs approval
Use the sequence below before appointing the application route or setting a start date. It helps separate the building test, the work trigger, and any possible exception.
- Confirm the building’s location and use. This Gateway 2 test applies in England. Establish whether the building contains at least 2 residential units or is a hospital or care home.
- Check height and storeys. Establish whether it is at least 18 metres high or has at least 7 storeys. The use and height/storey parts of the test must both be met.
- Describe what the work will do. Identify whether it constructs a new HRB, changes an existing building so that it becomes or stops being an HRB, or is building work to an existing HRB.
- Check each claimed exception against the exact work. Confirm whether a listed exemption, competent-person scheme, qualifying fibre-optic cabling rule, or emergency-repair exception applies. Do not assume that an exception for one component covers the rest of the project.
- Check transitional arrangements if work began before BSR became the building control authority. Separate guidance covers new HRBs and work on existing HRBs. The applicable route depends on the individual case.
- Identify the correct building-control authority for each building. For a mixed project, the HRB and non-HRB portions may have different control routes. Do not submit an ordinary non-HRB project through Gateway 2 solely because it is part of a wider development.
- Do not set work in motion before the required approval. If an application is staged, each stage needs approval before work on that stage begins.
If a resident or client is uncertain about a complex existing-building project—for example, work in a registered high-rise residential building, work spanning connected HRBs, or a package combining different work types—the BSR guidance advises considering professional help. For existing HRBs, first check whether an application is needed and whether the work falls into Category A or Category B. Selecting the wrong category can result in rejection.
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Who must apply, and can applications be staged?
The client is responsible for ensuring that required approval is obtained before work starts and that the application information is correct. The client may authorize another person to submit and manage the application, but delegating the task does not transfer the client’s legal responsibility.
For a new building, an application may cover one tower or multiple connected towers that share a podium or common part. A staged application may also be possible. The BSR considers staged applications case by case, and applicants are advised to contact the BSR before submitting a staged application for a multiple-tower project.
Staging does not allow work to start ahead of a decision: the application for each stage must be approved before that stage begins. Similarly, a validated application is not an approved application. Validation confirms a process step, not permission to start building work.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How long does Gateway 2 approval take?
The official guidance gives assessment periods of up to 12 weeks for new HRBs and up to 8 weeks for existing HRBs, unless an extension is agreed. These are stated assessment periods, not guaranteed individual decision dates. The BSR says timing depends on the quality and complexity of the application.
Actual operational times reported by the BSR for July to September 2026 were longer than those stated assessment periods:
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| Application type | BSR median approval time, July–September 2026 | BSR approval rate, July–September 2026 |
|---|---|---|
| New higher-risk buildings and conversions | 23 weeks | 97% |
| External remediation | 32 weeks | 87% |
The BSR stated that the underlying data were correct on 5 October 2026. These are period-specific figures: they are not statutory deadlines, forecasts for an individual application, or a promise that a project will be approved. The same dataset noted a significant rise in applications ahead of the building safety levy taking effect on 1 October 2026, so the figures should not be assumed to describe a stable future trend.
For a project plan, distinguish the stated assessment period from the reported median and allow for the possibility of extensions and application-specific complexity. Neither figure changes the rule that approval must be in place before the relevant work starts.
What happens if you start without approval?
The BSR guidance states: “Carrying out building work without the required building control approval is a criminal offence.” The practical consequence is that a project should not treat an application in progress, validation, or an anticipated decision date as permission to begin work.
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What if the approved design changes?
Once an application is approved, the documents submitted become the agreed documents for the project. Subsequent changes are controlled and fall into three categories: recordable, notifiable, or major. The category determines what must happen before or during the changed work.
- Recordable change: log the change in the project records.
- Notifiable change: submit it to the BSR before starting the related work.
- Major change: obtain BSR approval before proceeding with the affected work. That work must stop until approval is given.
Potential major changes include changes to a building’s height or width, number of storeys, escape routes, external walls, fire-safety measures, common-part layout, residential or commercial unit count, or structural design. These examples show why a seemingly narrow design amendment can affect the approved safety case or building-control documents.
Product substitutions also need screening through change control rather than an assumption that “same purpose” means “same specification.” A replacement product may be recordable if it is of the same or higher specification. A different reaction-to-fire specification may be notifiable even if it is higher, while a lower reaction-to-fire specification may be a major change. The classification depends on the change and the applicable rules.
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Does a consultation change the current rules?
As of 13 October 2026, the core BSR guidance for this process was last updated on 1 October 2026. The Ministry of Housing, Communities and Local Government’s 2026 consultation concerns proposals about proportionality in the Gateway 2 regime, including work categorization and the role of competent-person schemes. It applies to England. Consultation proposals are not themselves a change to the current approval requirements; follow the rules in force unless and until a change takes effect.
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