Yes, the Building Safety Act’s gateway regime is one of the biggest immediate hurdles for high-rise development, especially Gateway 2. It is not, however, a standalone explanation for every delayed or paused scheme. The evidence points to a combined bottleneck: a new, evidence-heavy legal process; limited Building Safety Regulator (BSR) capacity and specialist skills; and a high proportion of applications arriving incomplete or invalid.
The result is a process that can delay a start date, tie up finance and defer occupation, while still serving its intended purpose of preventing unsafe design and construction from being carried into occupied buildings.
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What makes the gateway process such a significant hurdle?
The Building Safety Act changed high-rise delivery from a conventional building-control sequence into a set of statutory decision points. For a higher-risk building (HRB), the client and other dutyholders must demonstrate that design, construction, fire safety, structure and changes are controlled before work can proceed and before residents can move in.
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For this article, an HRB generally means a building at least seven storeys high or at least 18 metres in height that contains at least two residential units. The exact legal scope also captures certain hospitals and care homes, so a project team must confirm whether its building falls within the applicable category rather than rely on height alone.
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The process matters commercially because a missed gateway is not simply an administrative delay. Gateway 2 must be passed before construction starts, and Gateway 3 must be passed before lawful occupation. A project can therefore have planning permission, a contractor and funding in place yet still be unable to break ground or hand over homes.
How the three gateways affect a project programme
Gateway 1: planning and fire-safety consultation
Planning Gateway One operates during the planning stage. The Health and Safety Executive (HSE), acting through the regulator’s arrangements, is a statutory consultee on fire-safety matters for relevant applications. The design team must explain how fire access, evacuation and related issues have been considered at the outline or detailed planning stage.
Gateway 1 is not the building-control approval that authorises construction. Its effect is earlier: fire-safety questions can influence the planning design before a scheme reaches technical approval.
Gateway 2: approval before construction starts
Gateway 2 is the main immediate pinch point for new-build high-rise schemes. The applicant submits the building-control approval application and the information needed for the BSR to assess whether the proposed work complies with building regulations. Construction cannot lawfully start on the relevant work until approval is granted.
The submission normally needs coordinated architectural, structural and fire information, specifications, plans, competence details for dutyholders and a clear explanation of how the design meets the regulations. Where the regulator identifies missing or inadequate information, the application can be invalidated or the applicant can be asked to provide more detail. The government has said that responding to requests for missing information can add at least four to six weeks.
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Gateway 3: completion and lawful occupation
Gateway 3 is the completion checkpoint. The project team must provide a complete evidence trail showing what was built, how fire and structural systems were installed and tested, what changes occurred and how those changes were controlled. That record includes as-built drawings, fire and structural documentation, golden-thread information and change-control records.
BSR approval at Gateway 3 is required before the building can be occupied. There is no lawful shortcut that allows residents to move in while the completion evidence is still being assembled.
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallWhat the official numbers show about Gateway 2 delays
The published figures demonstrate a substantial workload, but they do not represent a single, static “backlog” of homes. Applications enter, leave, are invalidated, withdrawn or rejected at different points.
| Measure | Figure | Qualification |
|---|---|---|
| Gateway 2 applications received | 2,240 | Ministry of Housing, Communities and Local Government ministerial answer, May 2025 |
| Applications approved | 430 | From the same May 2025 dataset |
| Applications invalidated | 552 | From the same May 2025 dataset; invalidation generally reflects an incomplete or non-compliant initial submission |
| Applications withdrawn | 140 | From the same May 2025 dataset |
| Applications rejected | 219 | From the same May 2025 dataset |
| Applications live at the time of the answer | 899 | From the same May 2025 dataset; a live application is not necessarily overdue |
| New-build applications in September 2025 | 154 | Represented about 29,000 homes, including about 15,000 in London |
| Decisions by 1 October 2025 | 544 | BSR/HSE bulletin; 209 decisions were recorded in August 2025 |
The May 2025 figures also show why blaming only the regulator is incomplete. Of the applications in that reported dataset, 41% were invalidated at the initial stage for missing required information. An invalidated submission has not reached a substantive approval decision, so the headline number of applications received should not be treated as the number of fully reviewable schemes waiting in a queue.
Why are Gateway 2 approvals taking so long?
Regulator capacity and specialist skills
Government answers have identified recruitment needs, multidisciplinary-team constraints and technical-capacity problems within the regulatory system. Assessing a high-rise submission requires people who can interrogate fire engineering, structural design, building control, construction sequencing and the interaction between those disciplines. National shortages in those professions affect both the BSR and the consultants working for applicants.
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In February 2025, applicants were advised to plan on a 20-week timeframe, even though the stated service-level agreement for new-build applications was 12 weeks. The difference is a practical warning that a target service level is not the same as a guaranteed decision date.
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Applications often fail before the technical review can progress because drawings, schedules, calculations and narratives do not align. Missing information creates correspondence, resubmission and rechecking. The government’s estimate that requests for missing details can add at least four to six weeks puts a measurable programme cost on weak front-end coordination.
A common problem is treating the gateway package as a collection of consultant reports rather than one coordinated safety case. A fire strategy may describe one arrangement while architectural drawings show another; structural details may not reflect the latest fire-stopping or façade build-up; or the named dutyholders may not have demonstrated the competence and control arrangements required for the work.
Transition to a new regime
The gateway system is still relatively new. Developers, designers, contractors, building-control professionals and the regulator have been learning what a complete, decision-ready submission looks like. That learning curve can create extra clarification cycles even where there is no fundamental safety defect.
Is the Building Safety Regulator holding up high-rise housing?
There is evidence that BSR processing capacity has slowed delivery, and the government has acknowledged the risk. In a UK Parliament answer on 21 May 2025, Housing Minister Alex Norris said: “We recognise that there are delays to the Gateways process and that processing times need to improve. Delays have the potential to slow the delivery of new homes and may impact on investment decisions in high-rise projects.”
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That statement supports a regulator-capacity contribution, but it does not establish that BSR is the sole or largest constraint across the whole development market. Land availability, planning negotiations, infrastructure, funding costs, contractor capacity and labour shortages can all stop a project before a gateway application is ready. The available official evidence does not rank those constraints across every high-rise scheme.
| Potential hurdle | What is established | What is not established |
|---|---|---|
| Gateway statutory process | It adds mandatory pre-start and pre-occupation decisions and requires extensive evidence. | That it is the dominant constraint for every scheme or region. |
| BSR capacity | Official answers cite resource, technical-capacity and recruitment pressures; decision throughput improved during 2025. | A universal average delay for all applications. |
| Applicant submission quality | 41% of applications in the May 2025 dataset were invalidated initially; missing information can add at least four to six weeks. | That every invalidation was caused by developer error alone. |
| Finance and market conditions | Delays can affect investment decisions, start dates and carrying costs. | A national calculation attributing paused schemes to gateways rather than interest rates, sales risk or other factors. |
| Skills and labour | BSR continued to cite national skills shortages in October 2025. | The share of delay attributable to skills shortages on any individual project. |
What happens when a building fails Gateway 3?
A Gateway 3 failure or an incomplete submission prevents the building from receiving the approval needed for occupation. The practical consequences can include an empty completed building, delayed handover, extended finance and warranty costs, and pressure to house purchasers or tenants elsewhere.
BSR casework has highlighted recurring evidence problems: incomplete records, change-control information that does not show what was approved, drawings that do not match site reality and safety systems that were designed or installed in isolation rather than as an integrated package. These are not cosmetic defects. They make it difficult for the regulator to establish what is actually in the building and whether it is safe to occupy.
Early September 2025 figures recorded 16 new-build Gateway 3 applications, of which nine had been approved and seven remained under review. The small number of cases means it should not be used to calculate a universal approval rate, but it illustrates that completion approval is a separate workload rather than an automatic administrative sign-off after Gateway 2.
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- Confirm HRB status at concept stage. Check storeys, height, use and residential-unit counts, and identify any other use that brings the building into the higher-risk regime.
- Assign and document dutyholder responsibilities. The client, principal designer and principal contractor need defined duties, competence evidence and a system for managing design and construction changes.
- Build one coordinated information model. Reconcile architectural, structural, fire, façade, services and access information before submission. A drawing register and revision protocol should make it clear which documents are current.
- Run a Gateway 2 completeness review. Test the package against the regulator’s required information, not merely against the consultant appointment scope. Resolve omissions before the application is lodged.
- Allow time beyond the nominal service level. Use the 20-week planning assumption given in February 2025 rather than programming solely to the 12-week new-build service-level agreement, and add contingency for clarification requests.
- Start the golden thread during design. Maintain controlled records of decisions, specifications, approvals and changes throughout construction. Reconstructing the record at completion is slower and more error-prone.
- Link site quality control to the final evidence. Photograph and record fire-stopping, structural connections, façade interfaces, tests and inspections as work proceeds. Ensure as-built drawings reflect approved changes.
- Prepare Gateway 3 before practical completion. Treat completion evidence as a live deliverable, with named owners for drawings, certificates, commissioning records, change control and resident-safety information.
Are the delays improving?
There are signs of operational improvement rather than proof that the problem has disappeared. BSR reported 544 Gateway 2 decisions by 1 October 2025, including 209 decisions in August. Its October 2025 bulletin said the regulator had introduced operational changes after listening to industry feedback and that the changes had produced “immediate, positive results.”
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The same bulletin retained an important qualification: “However, we recognise there are ongoing challenges including national skills shortages, and we are committed to use agile problem-solving to work constructively with the wider sector and industry applicants.” Faster throughput therefore points to a capacity and process problem that can be managed, not to a statutory requirement that can simply be removed.
What this means for the high-rise development race
For a developer competing to start and deliver homes, gateways change the definition of readiness. A site acquisition, planning consent and finance package are no longer enough. The project must also have a decision-ready technical submission, competent dutyholders, reliable information management and a credible route to completion approval.
The exposure is especially visible in London and other areas with many tall residential schemes. The 154 new-build Gateway 2 applications reported in September 2025 represented about 29,000 homes, with about 15,000 in London. Those figures show the scale of homes passing through the system; they do not mean all 29,000 homes were stalled or that every application faced the same delay.
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The wider safety context explains why the evidence burden exists. At the end of October 2025, 5,570 residential buildings at least 11 metres high had been identified for dangerous-cladding remediation; 1,946 were complete and 759 were in progress, according to a 2026 House of Lords Industry and Regulators Committee report using government data. Remediation statistics are not a measure of Gateway 2 performance, but they illustrate the consequences of losing reliable design and construction information—precisely the failure the golden thread and gateways are intended to prevent.
Verdict
The Building Safety Act’s own processes are among the biggest immediate hurdles in high-rise delivery, with Gateway 2 the clearest bottleneck. They are not, on the available evidence, the single cause of the development slowdown. Delays arise from the interaction of statutory requirements, BSR capacity, national skills shortages and incomplete applications. Developers that treat gateways as a core design-and-delivery workstream, rather than a final paperwork exercise, have the best chance of protecting start dates and lawful occupation.
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