by
Stuart Hammond | Managing Director, ACT Building Control
The latest figures from the Building Safety Regulator suggest that Gateway 2 is beginning to move in the right direction. But with applications increasing and the Building Safety Levy approaching, the pressure on developers and their project teams is far from over.
There is a curious tension emerging within the building safety landscape.
On one hand, the latest figures from the Building Safety Regulator (BSR) provide some welcome encouragement. On the other, the volume of work entering the system is increasing at precisely the time the industry is preparing for another significant regulatory change.
The number of live Gateway 2 applications increased by more than 100 during August, reaching 1,654. The BSR expects new-build applications to increase further during September, ahead of the Building Safety Levy coming into force on 1 October 2026.
At the same time, the regulator is reporting a marked improvement in its performance.
Across higher-risk building categories, the BSR approved 84% of applications over the latest 12-week period. For new-build higher-risk buildings specifically, the approval rate has reached 92%, while median determination times have reduced to 22 weeks which is a significant improvement compared with this time last year.
That is positive news for an industry that has experienced considerable uncertainty around Gateway 2.
But it would be a mistake to interpret improvements in determination times as meaning the process has become straightforward.
The volume challenge
The number of applications entering the system matters.
More projects progressing towards Gateway 2 means more work for everyone involved including developers, designers, contractors, building control professionals and the BSR itself.
The industry is therefore entering an interesting period in which regulatory performance is improving while demand increases, and that raises an important question:
Are project teams sufficiently prepared for the next phase of the building safety regime?
For developers with projects approaching Gateway 2, the answer is unlikely to be found simply in submitting an application as quickly as possible.
The quality, coordination and completeness of the information being submitted remain fundamental.
The Building Safety Levy adds another layer
The introduction of the Building Safety Levy on 1 October adds another consideration for developers.
For qualifying developments, the timing of a building control application could have financial implications, making the coming weeks particularly important for projects already in the pipeline.
But the levy should not be considered in isolation.
It sits within a much broader shift in the way building safety is regulated, designed and evidenced.
For developers and their professional teams, this means understanding not only what is changing, but also how those changes interact with project programmes, design development, approvals and ultimately delivery.
That requires early conversations.
Building control is changing too
The role of building control has evolved considerably.
The Building Safety Act and the introduction of the new regulatory regime have fundamentally changed the relationship between building control and the wider project team.
For higher-risk buildings in particular, building control is no longer something that can simply be brought into a project at the end of the design process.
It needs to be part of the conversation.
Early engagement allows potential issues to be identified sooner, provides greater clarity around information requirements and can help project teams understand what will be required as they move through the regulatory process.
Ultimately, this is about more than achieving an approval.
It is about creating a clearer route from design intent to safe, compliant construction.
What does this mean for developers?
The latest BSR figures should be welcomed.
Improved approval rates and determination times demonstrate that the system is beginning to mature, while the regulator’s increased technical capacity should provide greater resilience as application numbers grow.
But the changing landscape means developers cannot afford to rely solely on the system becoming faster.
Preparation still matters.
For projects approaching Gateway 2, now is a good time to review the programme, understand the implications of the Building Safety Levy and ensure that the wider project team is aligned around the requirements ahead.
We are already having conversations with clients about what these changes mean for projects coming forward.
As a Registered Building Control Approver and part of CHPK Group, Stuart Hammond, Managing Director of ACT Building Control understands the importance of bringing building control expertise into the project early and working collaboratively with the wider design and delivery team.
“We are seeing increasing levels of activity from clients who want to understand what the latest changes mean for their projects. The Building Safety Levy is understandably part of those conversations, but it is important to look at the wider regulatory picture too.
“Our priority is to make sure our clients are informed, prepared and able to make decisions based on a clear understanding of the requirements ahead. The improving BSR performance is encouraging, but good preparation remains fundamental to a successful Gateway 2 process.”
“With the onset of the Building Safety Levy at the start of October, the regulatory system and those within it feel the hairs on the back of our necks start to raise, as memories of the influx of applications before the 2022 Part L, F, O, and S changes came into effect, which saw a huge influx of applications to try to avoid the changes. While as an industry we prepare for these incidences, it is important that all potential developers look to action applications in the coming weeks and not all in the days before the 1st of October.”
The building safety landscape will continue to evolve.
For those with projects approaching Gateway 2, the most valuable conversation may be the one you have before you submit.
If you have a HRB or non-HRB project approaching or a Gateway 2 application and you would like to discuss the implications of the latest building safety changes, the CHPK Building Safety Consultancy, and ACT Building Control team would be happy to talk.
