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What are the three gateways in the Building Safety Act 2022?

A gateway approval process was introduced as part of the new legislation to assess the competency of all parties at each stage of the development.

In a nutshell:

• The gateway scheme consists of three checkpoints and developments and cannot proceed until approval is given at each stage.

• Gateway 1 ensures that fire safety is considered in the design of the building and that all risks are mitigated.

• In Gateway 2, the design is reviewed in more detail to check compliance before work begins onsite.

• Following approval, the BSR discusses inspection schedules to monitor compliance during construction. 

• In the final gateway, the BSR will assess evidence that all work has been completed in line with the building regulations. If it passes, then the building will be registered and can be occupied.

 

The new ‘Gateway Regime’ applies to the construction of new developments that fall under the ‘higher risk’ building classification.

The approval process consists of three major checkpoints, or ‘gateways’: ‘Planning Stage’, ‘Pre-Construction Stage’ and ‘Pre-Occupation Stage’. No developments can proceed until approval has been given at each stage. Ultimately, the Gateway Regime serves to help residents feel safer in their homes by supporting the Golden Thread of Information and ensuring competency across all stages.

Gateway 1: Planning Stage

The purpose of Gateway 1 is to ensure that fire safety is considered at the earliest phase of the building lifecycle.  At this stage, Local Planning Authorities (LPAs) must submit a comprehensive fire and structural safety report that evidences that safety has been integrated into the design of the building and that the design and layout will mitigate fire risks. The Health and Safety Executive (HSE) will assess this and will provide advice to LPAs before granting planning permission if the report is compliant.

Gateway 2: Pre-Construction Stage

This gateway is the building control approval application stage. It involves a more detailed review of the building’s design to guarantee that safety is considered at each stage of the design and construction process before work begins onsite. This gateway is a ‘hold point' meaning no construction work can commence until approval is granted.


To receive approval, the developer must submit detailed design information including a comprehensive outline of the work that will be carried out. Information about the building (such as the site location plan and boundaries) and the people involved (such as the client, principal contractor and principal designer) should also be included. 


The quality of the application has a direct effect on the speed at which the Building Safety Regulator can provide ‘Building Control Approval’. There is a 12-week determination period, from receipt of an application and Any change to this will be agreed between the BSR and the client.

Following approval, work can begin and the BSR will discuss inspection schedules. Inspections onsite are nothing new however the regulations introduce additional checks such as a change control log that monitors any unauthorised design changes. During this time, BSR will be able to carry out tests or take samples of building materials and will be able to stop work if necessary.

Gateway 3: Pre-Occupation Stage

The objective of the final stage is to ensure that the building is safe to be occupied during which another ‘hard stop’ of eight weeks is introduced before occupancy is allowed. This period begins from the receipt of the completion.

The preparation for this phase begins at the start of the building control process to ensure that the information needed for the ‘Golden Thread’ is collected from day 1. During the ‘Preoccupation Stage’, the BSR is presented with evidence to support that the building reflects the approved plans and was constructed under BSA regulations.

Once this evidence is given the application will be processed and, if successful, a Completion Certificate will be issued meaning that the building is ready for occupancy. After all three gateways have been completed and a building certificate has been received, the building is registered with the BSR and a new ‘Accountable Person’ is appointed. The new AP will be whoever owns or has responsibility for the building.