Authors: Emma Medina-Wallace, director; Emily Leonard, director; Eleanor Folger, associate
Delays with the Building Safety Regulator
Introduced by the Building Safety Act 2022 (BSA), the Building Safety Regulator (BSR) is responsible for raising safety standards for all buildings, regulating the design and construction of higher-risk buildings, and helping professionals improve their competence in design, construction, and building control.[1]
The BSR is the Building Control Authority for higher-risk buildings in England. As at the time of writing, a higher-risk building (for the purposes of the design and construction stage) is a building which is at least 18 metres tall or seven storeys high, with two or more residential units or is a hospital or a care home.[2]
Mounting delays to Gateway 2
Although long-awaited and widely supported given the circumstances of the Grenfell tragedy, the rollout of the building safety reforms has faced heavy criticism as delays continue to mount since the higher-risk building approval process was introduced. Most of these delays occur at Gateway 2, being the approval stage before construction can start. Whilst there may be a target time stated for assessment of new higher-risk buildings of 12 weeks (and for existing higher-risk buildings of 8 weeks)[3] it is well known and reported that there have been significant delays by the BSR in processing Gateway 2 applications. In addition, a significant amount of applications have been rejected due to missing key information,[4] suggesting that more needs to be done to ensure that the requirements are clear to applicants. Since Gateway 2 clearance is required before construction of high-rise residential buildings can commence, this bottleneck has stalled the progress of numerous housing projects. Given the UK Government’s recent pledge to build 1.5 million homes by 2029, these delays come at a critical juncture.
Reform to address bottlenecks and accelerate delivery
There is some hope on the horizon, as reforms introduced by the government, increased transparency, and new Gateway 2 guidance all aim to streamline the BSR and accelerate housebuilding.
The government’s reforms, introduced on 30 June 2025, include:
- The introduction of a fast-track process to facilitate the delivery of 1.5 million safe, high-quality homes. This will bring building inspector and engineer capacity directly into the BSR to enhance the processing and review of existing newbuild cases and remediation decisions.
- Leadership and structural changes, marking early steps towards establishing a single construction regulator. This includes the appointment of Andy Roe KFSM as a non-executive chair of a new board of the Ministry of Housing, Communities and Local Government to take on the functions of the BSR from the Health and Safety Executive in due course.
- Increased investment, including the recruitment of over 100 new staff members.
Full details of the reforms can be found here: Reforms to Building Safety Regulator to accelerate housebuilding – GOV.UK.
These reforms follow an inquiry launched by the House of Lords Industry and Regulators Committee (the Committee) ‘to find out if the BSR has the skills and resources required to ensure the safety of all buildings and its residents in the process of approving applications for high-rise buildings.’ To collate this information, stakeholders in the industry are being encouraged to submit written contributions to the Committee’s inquiry by 31 August 2025 which can be submitted here: Call for Evidence – Committees – UK Parliament.
The BSR is now also publishing Gateway 2 transparency data in England on a quarterly basis to show the number of applications received, decision outcomes, performance against statutory time limits and determination times. Industry stakeholders hope that this will improve accountability and allow them to better manage budget and timelines. The first report was published on 9 July 2025 and can be found here: Building_Safety_Regulator_building_control_approval_application_data_October_2023_to_March_2025.xlsx
New guidance on Gateway 2 is also set to be released to help the construction industry navigate the Gateway 2 process. This was announced by Mark Reynolds, co-chair of the Construction Leadership Council, during a Parliamentary committee hearing on 8 July 2025 in which Mr Reynolds also stated the BSR aims to reduce Gateway 2 approval times to 5 weeks.[5]
On the reforms generally, Alex Norris, minister for building safety, has commented:[6]
“The establishment of the Building Safety Regulator has been fundamental to centralising safety in the construction process and it’s time to take the next steps to build on that precedent and create a system that works for the sector whilst keeping residents and their safety at the heart of the process.
That’s why we’re announcing a package of reforms to the BSR… to enhance operations, reduce delays, and unlock the homes this country desperately needs – delivering on our Plan for Change.”
In response to the proposed reforms, Emily Leonard, director of Freeths’ construction and engineering team, says:
“These are positive words for many involved in the construction industry who have voiced concerns about the BSR’s role and effectiveness. Developers and funders, in particular, will want to see tangible improvements – and promptly. The release of the first comprehensive set of data is a positive step towards understanding why applications are being rejected and the creation of some new focussed units is promising, but their implementation is pending. Mark Reynolds has said that the new fast-track process remains a long way off. Given the current circumstances, time is of the essence.”
Emma Medina-Wallace, director of Freeths’ housebuilding and strategic land team, says:
“This announcement will be welcome news to housing developers and social housing providers with projects that are being delayed at Gateway 2 – anything that can be done to make the process faster and clearer, while maintaining safety standards, will be welcome in order to deliver more homes in the UK. It is promising to see the current recruitment drive for technical expertise, and they need to deliver on this to clear the current backlog. I would also urge all housing developers to consider making submissions to the Call for Evidence by 31 August so that their views can be heard.”
(For a general update on the government’s progress on the Grenfell Tower Inquiry’s Phase 1 and Phase 2 recommendations, click here: Grenfell Tower Inquiry Government Progress Report – GOV.UK)
[1] Building Safety Regulator – Building safety – HSE [2] Section 120D of the Building Act 1984 as inserted by section 31 of the BSA [3] Building control approval for higher-risk buildings – GOV.UK [4] UK Gateway 2 approvals stall as application rejections reach 75% [5] Parliamentlive.tv – Industry and Regulators Committee [6] Reforms to Building Safety Regulator to accelerate housebuilding – GOV.UKSource link
