On 27 January 2026, the UK government announced a landmark change in construction oversight: the Building Safety Regulator (BSR) has officially moved out of the Health and Safety Executive to become a standalone organisation, paving the way for a single construction regulator. This move, a key recommendation of the Grenfell Tower Inquiry, marks a significant step in overhauling building safety governance. The new, independent BSR is tasked with putting residents’ safety at the heart of its mission and driving higher standards and a culture change across the construction industry. For developers and contractors, this change brings a more unified regulatory regime and a renewed emphasis on compliance – especially at the critical Gateway 2 stage of high-risk building projects. In this article, we explain what the BSR’s new status means, how Gateway 2 works under the Building Safety Act, and how these developments affect UK construction professionals.
The Building Safety Regulator’s New Status and Mission
The creation of a standalone BSR represents a structural shift in regulation for England’s building industry. Formerly operating within the HSE, the BSR is now an executive non-departmental public body sponsored by the housing ministry. In practice, this independence gives the BSR a clearer mandate and dedicated focus on building safety. It formalises a broader remit that extends beyond just high-rise buildings to raising safety standards across all buildings in England. This aligns with the government’s plan to eliminate fragmented oversight and eventually establish a Single Construction Regulator for the entire sector.
Notably, the BSR was established as part of post-Grenfell reforms in 2021, with full powers granted under the Building Safety Act 2022. Having benefitted from HSE’s expertise during its setup, the BSR’s transition to independence signals a “renewed commitment to putting residents at the heart of everything it does”. Lord Roe, Chair of BSR, hailed this step as “a milestone that marks our evolution into a standalone regulator…looking forward to a single construction regulator that brings coherence to a once-fragmented system”. In short, the BSR’s new status is designed to strengthen regulatory oversight, improve consistency, and restore public trust in building safety.
What does this mean for industry? For one, the BSR now has a wider enforcement reach. Charlie Pugsley, BSR’s Acting CEO, emphasized that the regulator’s mandate now spans “far beyond high-rise oversight to a broader responsibility for safety and standards across buildings in England”. The BSR will promote professional competence and refined guidance to ensure safety is considered holistically – from initial design through to a building’s entire lifecycle. Developers and contractors should anticipate more consistent and rigorous application of building standards, regardless of project type or location. The BSR being standalone also means clearer accountability: there is now a single authority solely focused on building safety regulation, making it easier for industry stakeholders to know where to turn for approvals, guidance, and enforcement.
Importantly, industry leaders are welcoming the change. Mark Reynolds (Construction Leadership Council) noted that over the past year BSR’s collaborative approach has already led to “a more effective process, enabling safer buildings to be delivered faster”. Backed by new leadership and increased resources, the independent BSR is expected to accelerate reforms – from improving guidance to hiring over 100 new staff – all aimed at supporting the sector in raising its game. The bottom line is a more robust regulator that demands higher standards but also provides clearer direction. Nowhere is this more evident than in the Gateway 2 process for higher-risk buildings, which has been a focal point of recent reforms.
Gateway 2: The New Pre-Construction Safety Checkpoint
Under the Building Safety Act’s regime, Gateway 2 is a pivotal checkpoint that developers of high-risk buildings must clear before construction begins. In essence, Gateway 2 is the stage of formal Building Control Approval for a new high-rise (or other higher-risk) building, coming after planning permission (Gateway 1) and before occupation (Gateway 3). It focuses on the pre-construction phase, ensuring that building designs meet stringent safety standards before work starts on site.
At Gateway 2, developers are required to submit a comprehensive design package to the Building Safety Regulator for approval. This includes detailed architectural and engineering plans, fire and life safety strategies, structural integrity assessments, specifications for key safety systems, and other supporting evidence of compliance. The goal is to “design out” risks upfront, rather than address safety issues ad hoc during construction. No construction work can commence until the BSR has reviewed and given Gateway 2 approval. This legal requirement, introduced by the Building Safety Act, effectively makes Gateway 2 a hard stop – a regulatory permission point that must be achieved to proceed with the project.
The introduction of Gateway 2 represents a fundamental shift in industry practice. Previously, developers often progressed with incomplete designs, resolving safety-critical details as the build went on. Now, Gateway 2 mandates a fully resolved, technically robust design at an earlier stage. As one construction law expert put it, BSR “expects you to present a fully resolved, technically robust and demonstrably compliant design before you can begin construction, bringing an end to the long-established practice of developing safety-critical elements during the build”. In other words, the onus is on front-loading the design effort – fire safety, structural systems, smoke control, evacuation strategy, and all other safety aspects must be sorted out on paper (and proven compliant) in advance.
Higher-Risk Buildings (HRBs) in England – generally those over 18m or 7+ storeys with residential use, or hospitals and care homes – are squarely within BSR’s purview at Gateway 2. In fact, as of October 2023, the BSR became the sole Building Control Authority for all HRBs in England. This means developers of in-scope projects can no longer choose a local authority or private Approved Inspector for building control; all such projects must go through the BSR’s Gateway 2 process. The intent is to apply consistent, rigorous oversight to these higher-risk developments. BSR’s role is to scrutinize the submitted design against the Building Regulations and ensure that nothing is overlooked. From fire compartmentation to structural robustness and life-safety systems, every element must demonstrate compliance.
The Gateway 2 submission is expected to be exhaustive. According to the BSR’s guidance, applicants should “identify every aspect of the project that requires compliance with building regulations” and provide a clear thread showing how each aspect meets the required standards. It’s not sufficient to simply assert compliance; the application must explain the basis of compliance, referencing the exact regulations, approved documents, or standards used and why they are applicable. This level of detail ensures the regulator can verify compliance without ambiguity, minimizing the need for back-and-forth queries. In short, Gateway 2 forces developers to ‘get it right first time’ by submitting a high-quality, well-evidenced design dossier.
How Gateway 2 Affects Developers and Contractors
For developers and contractors, the rise of the Building Safety Regulator and the Gateway 2 regime brings both challenges and opportunities to improve. The immediate effect is that planning and design teams must adjust their project timelines and workflows to accommodate a thorough Gateway 2 process. Because construction cannot legally proceed without BSR’s Gateway 2 approval, any delays in securing that approval can hold up the entire project. Thus, developers are incentivized to invest more effort upfront in design development, coordination, and quality assurance.
One major impact is the need for more detailed design coordination before breaking ground. Gateway 2 demands what is essentially a Level 4 (technical design) stage submission, including coordinated schematics, calculations, and specifications for all life safety and structural systems. Fire engineers, structural engineers, M&E designers, and other specialists must work together early in the project to produce a coherent package. Contractors (especially principal contractors under the Act) also need to be involved or at least consulted during design, to ensure what’s being proposed is buildable and will remain compliant during construction. The traditional model of “design and build” contracting – where some design elements are left for contractors to finalize – is harder to reconcile with Gateway 2, because BSR will not approve designs full of placeholders or TBD elements. Incomplete “intent” drawings, generic notes like “non-combustible insulation to be confirmed”, or open-ended performance specs are likely to lead to queries and rejection. In short, the era of deferring critical design decisions is over for HRB projects.
Developers must also bolster their competency and documentation. The BSR explicitly focuses on improving competence across the industry, meaning project teams should have appropriately qualified professionals (e.g. chartered fire engineers, structural engineers, etc.) preparing the Gateway 2 submissions. Documentation such as structural calculations, fire and smoke modelling (CFD simulations), and test certificates may need to accompany the application to demonstrate that the proposed design will meet Building Regulations in practice. All this contributes to a “Golden Thread” of safety information that will carry through the building’s lifecycle. Contractors, on their part, will eventually need to ensure they construct exactly to the approved plans and maintain quality, since deviating from the Gateway 2-approved design could invalidate the approval and jeopardize Gateway 3 (final occupation clearance).
Another effect is greater transparency and potentially faster approvals if you do things right. Initially, many in the industry experienced hold-ups with Gateway 2, as the BSR ramped up operations – some early applications took far longer than the nominal 12-week target, due in part to resource gaps and incomplete submissions. In response, the regulator undertook an “operational reset”, bringing in more in-house inspectors and engineers, streamlining processes, and issuing clearer guidance. These reforms are already yielding results: by late 2025, the BSR was meeting or exceeding its 12-week service level for the majority of new applications. Mark Reynolds of the CLC observed a “tangible shift” in how BSR worked with developers, resulting in safer buildings “commissioned and delivered faster”.
The key takeaway for developers and contractors is that a high-quality Gateway 2 submission can avoid costly delays. Every time BSR has to come back with a request for further information or clarification, it can “add weeks to the programme”. In fact, delays are more often caused by unclear or incomplete submissions than by inherent design flaws. To prevent this, developers should heed the BSR’s guidance and “ensure applications clearly and comprehensively demonstrate compliance” from the outset. The regulator has made it clear that applications lacking the required detail or clarity will be rejected****. This puts the onus on project teams to double-check that every fire door, smoke vent, structural connection, and safety system in their design is accounted for with proper details and justification.
On the positive side, the BSR is not just tightening the rules; it’s also supporting the industry in meeting them. The regulator has published improved guidance, FAQs, and even case studies to illustrate what a good Gateway 2 application looks like. It has set up an Innovation Unit to help process applications more efficiently and introduced an account manager model for some projects. The BSR is also now publishing quarterly data on its performance to increase transparency. All of this helps developers and contractors adapt to the new regime. The message is clear: if you prepare thoroughly, use competent experts, and follow the guidance, Gateway 2 approval is achievable within predictable timescales – enabling you to get on site and start building with confidence that safety is baked in.
Supporting Developers Through Gateway 2: How FDS Consult UK Can Help
Achieving Gateway 2 approval under the new Building Safety Regulator regime demands a highly coordinated and technically robust approach to fire and life safety design. For many developers and contractors, navigating these requirements without delay or rework requires the support of experienced fire engineering professionals.
FDS Consult UK is uniquely positioned to assist project teams at every stage of the Gateways process. As a specialist fire engineering consultancy, we provide the detailed analysis, modelling, and regulatory insight necessary to demonstrate full compliance with the Building Safety Act 2022.
Our services include:
- Comprehensive fire strategies tailored for Gateway 1, 2 and 3 submissions
- CFD (Computational Fluid Dynamics) modelling to validate smoke control, evacuation, and performance-based fire design
- Independent third-party CFD reviews to strengthen Gateway 2 submissions and ensure regulator confidence
- Fire risk assessments and fire statements aligned with BSR expectations and the golden thread of safety documentation
With our team’s deep understanding of regulatory compliance, technical design, and building safety objectives, FDS Consult UK supports you throughout the build cycle.
Contact us today to discuss how we can support your project from early design through to BSR approval.