Gateway 2 is the point at which the Building Safety Regulator (BSR) must approve building work on a higher-risk building in England before that work starts. It applies to new higher-risk buildings and to most building work in existing ones, including many refurbishment and remediation projects. Approvals have taken months rather than weeks, so the approval route needs to be built into the programme from the outset.
This guide reflects BSR guidance and published performance data available in October 2026. The figures change regularly, so check the latest release before you commit to dates.
What are the building safety gateways?
The regime for higher-risk buildings in England uses three decision points:
- Gateway 1 applies at the planning stage. Since 1 August 2021, relevant planning applications have needed a fire statement, as explained in the government's planning gateway one guidance.
- Gateway 2 is the building control approval application to BSR, which must be approved before building work starts.
- Gateway 3 is the completion certificate application once the work is finished. BSR issues a certificate if it is satisfied the work meets the relevant building regulations.
The procedures are set out in the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and explained in BSR's guidance on building control approval for higher-risk buildings.
Which buildings count as higher-risk?
For the design and construction stage, a higher-risk building has at least 7 storeys or is at least 18 metres high, and has at least 2 residential units or is a hospital or care home. For these buildings, BSR is the building control authority. Other buildings continue to use a local authority or a registered building control approver.
Which works need BSR approval?
According to the BSR guidance, you must get approval before starting:
- construction of a new higher-risk building
- building work that makes an existing building a higher-risk building, or stops it being one
- building work to an existing higher-risk building, unless it consists only of exempt work, competent person scheme work, certain fibre optic cabling work or emergency repairs
The guidance gives examples of exempt work, including most repairs, replacements and maintenance (with exceptions such as heating systems, fuse boxes and glazing units). Work carried out under a competent person scheme also does not need BSR approval on its own. However, if exempt or scheme work forms part of a wider project, it must be included in that project's application.
Emergency repairs are narrowly defined. They cover work needed to manage an urgent risk to people, and BSR must be notified by the end of the first working day after the repair starts. The guidance is clear that emergency repairs should not be used for problems arising from a lack of planning. It also notes that works required by a fire and rescue service enforcement notice are unlikely to count as emergency repairs.
The guidance states that carrying out building work without the required approval is a criminal offence. If you are unsure whether a job is exempt, take advice from a competent building control professional before work starts.
Category A and Category B work
For work to existing higher-risk buildings, regulation 12 distinguishes Category A and Category B work. Category A covers listed types of work, such as changes to the building's height, number of storeys or number of flats. It requires more supporting documents, including a competence declaration, a construction control plan, a change control plan and a fire and emergency file. Category B covers other work and has lighter requirements, although BSR can ask for any of those documents before deciding.
The government consulted in 2026 on reducing what counts as Category A. Its response, published on 9 July 2026, says it is minded to exclude most work inside individual flats from Category A, with exceptions, and will continue to explore small-scale communal works. Any change requires a statutory instrument. As of October 2026, no change is in force, so plan on the current rules.
How long does Gateway 2 take?
The statutory periods are up to 12 weeks for new higher-risk buildings and up to 8 weeks for work to existing ones, unless an extension is agreed. BSR notes that actual time depends on the quality of the application and the complexity of the work.
In practice, decisions have often taken longer. BSR's data for June to August 2026, correct as of 31 August 2026, reported:
- New higher-risk buildings and conversions: 92% approval rate, median approval time of 22 weeks.
- External remediation: 89% approval rate, median approval time of 33 weeks.
- Internal works to existing higher-risk buildings: 78% approval rate, median approval time of 32 weeks.
BSR explains that these rolling figures include older applications from 2024 and 2025. For internal works applications submitted in 2026, it reports a median approval time of 16 weeks. At Gateway 3, BSR reported an 88% approval rate and a median of 20 weeks across 16 applications determined in the 12 weeks to 31 August 2026.
There were 1,654 Gateway 2 applications in progress at the end of August 2026. BSR also noted an increase in applications ahead of the building safety levy, which it says comes into effect in October 2026.
Why do approvals take time?
BSR checks that the proposed work will comply with building regulations, that the client will manage the project properly and that competent people have been appointed. Incomplete or unclear applications can lead to requests for more information, conditions or rejection.
Approval can also come with requirements. Under BSR guidance, work must not start on any part of an application that is subject to a requirement until BSR is satisfied it has been met.
Changes during the project also need managing. BSR guidance says notifiable or major changes must be reported, and work on the affected part must stop for a major change until BSR approves it. BSR reported a median of 7 weeks to close major change requests for new build projects in the same period.
How should you plan a programme?
Treat approval as a stage of the programme, not an administrative step at the end of design.
- Screen early. For every planned job in a higher-risk building, record whether it is building work, whether it is exempt or scheme work and who made that judgement.
- Group works sensibly. A considered package of works may be easier to manage than many small applications, but take advice on how best to structure them.
- Complete design before applying. Applications built on unfinished design are more likely to stall.
- Use realistic durations. Plan around BSR's published median times, not only the statutory periods, and update the plan when new data is published.
- Avoid reactive shortcuts. Do not label planned works as emergency repairs to avoid the process.
- Plan for completion. Collect evidence during the work so the Gateway 3 application is not delayed.
Keep routine maintenance separate where it is genuinely exempt. Inspections, servicing and like-for-like repairs that are not building work can usually continue, but check each case.
Next steps
If you manage a higher-risk building, start with a list of planned works over the next 12 to 24 months and screen each item. Where works do need approval, our Building Safety Regulator support and building safety consultancy teams support BSR submissions for high-rise alterations, including the submission strategy and evidence pack.
Oracle can also provide surveys that inform scope, such as fire stopping and compartmentation surveys and fire door inspections, and ongoing fire alarm and emergency lighting maintenance. For the duties that apply once a building is occupied, read our guide to the Building Safety Act for accountable persons. To talk through a programme, contact our team.