Gateway Two Building Control Approval: Getting it Right for Higher-Risk Buildings

Why Gateway Two Matters in the New Building Safety Regime

The Building Safety Act 2022 established a new building safety regime in the wake of recent reforms, introducing Gateway Two as a critical checkpoint for Higher-Risk Buildings (HRBs). Gateway Two is the stage at which an HRB’s design must receive Building Control Approval from the Building Safety Regulator (BSR) before construction can begin.

In other words, for any new or existing building in England that falls under the “higher-risk” category (typically tall or high-occupancy buildings), you cannot start building work until the BSR is satisfied your plans comply with the Building Regulations. This gateway is central to ensuring that fire and structural safety are designed into the project from the outset, rather than addressed later.

The importance of “getting it right” at Gateway Two cannot be overstated. With data from the BSR showing that only about one-third of Gateway Two applications have been approved to date, most submissions are being turned back for failing to meet the stringent requirements. A rejected or “not validated” application can significantly delay your project and add unexpected costs – each application incurs a base fee and hourly review charges by the BSR.

In short, Gateway Two is high stakes: you must demonstrate compliance thoroughly and submit all required information in the correct format, or you risk project delays, additional fees, and being sent back to the drawing board.

Inside the BSR Gateway Two Application Portal

To help applicants navigate this process, the BSR’s online application portal for Gateway Two is structured into three sections: Building, Dutyholders, and Pay and Submit. Understanding what each section requires will prepare you to compile a complete application.

Building Section

The first section, Building, gathers all the key facts and technical details about the project and the proposed building works. You will be asked for:

• Project Information and Building Details – Basic facts about the project and whether it’s a new build or work on an existing structure. This includes the building’s address, description, and classification as an HRB.
• Proposed Work Description – A clear description of the scope and nature of the building work (e.g. new construction, extension, material alteration) and how it will meet relevant regulations.
• Timescale & Planning – The expected construction timeline and planning status (such as whether planning permission has been granted).
• Partial Completion or Phasing Strategy – If you intend to hand over or occupy parts of the building in phases (before the entire HRB is complete), you must outline a Partial Completion Strategy. This is often overlooked, but if applicable, a plan for phased completion is required or you should clearly state if not applicable.
• Drainage and Local Enactments – Information on how the building will connect to drains and sewers, including any agreements with sewer authorities, as well as disclosure of any local enactments (local acts or regulations) that apply to the site. (Many applicants forget to check for local acts that could affect their build – don’t skip this.)
• Staged Applications (if used) – If the project is so complex that you opt for a staged application (submitting plans in defined stages), provide details here. Typically, staged approvals must be discussed with the BSR well in advance (Build UK recommends at least six months’ notice).
• Drawings and Plans – You need to upload clear, legible architectural drawings that show the existing and proposed layouts relevant to the work. These plans should be sufficiently detailed, clearly labelled (with their status, e.g. “preliminary” or “tender”), and include sections/elevations as necessary to illustrate the design. Multiple documents can be uploaded in this category, and the Construction Leadership Council (CLC) suggests including any additional drawings that might support the application. The portal even allows uploading a folder of PDF drawings if needed.
• Site Location Plan – A site plan at a minimum scale of 1:1250 must be provided, showing the building’s footprint and its context. This plan should indicate the building’s position on the site, its boundaries and relation to adjoining properties, the curtilage (site boundary), and any other buildings or roads adjacent to the site. Ensure this is to scale and clearly marks all required features – an incorrect or missing site plan is a common reason for delays.

Overall, the Building section addresses what is being built and where, ensuring the regulator has a full picture of the project’s scope and context.

Dutyholders Section

The second section deals with Dutyholders – the organisations and people in key roles – and the suite of documents and declarations that demonstrate how you will manage compliance and safety during the build. In this section, you will provide:

• Dutyholder Details – The portal will prompt for the name, address, and contact information of the Client, Principal Designer (PD), and Principal Contractor (PC). You’ll also specify the type of organisation (e.g. company, local authority, etc.) for each. It’s important that the details here are accurate and that these dutyholders have been formally appointed, as required by law. The system will ask you to confirm if the correspondence address is the same as the main address for each; if not, you need to provide an alternate address. Missing or inconsistent contact information can hold up an application, so double-check these fields.
• Competence Declaration – This is a critical document: a declaration signed by the Client confirming that they have complied with the dutyholder competence requirements (Part 2A of the Building Regulations) and have taken all reasonable steps to ensure the Principal Designer and Principal Contractor are competent to fulfill their roles. The declaration also states that the Client has checked for any serious past misconduct by these dutyholders and has measures in place to manage any concerns. In practice, this means the Client must do due diligence on the PD and PC (for example, verifying qualifications, experience, and any history of enforcement action) and formally attest to this. Applications are frequently rejected because this signed declaration is missing or incomplete – remember to prepare it and upload it as a PDF.
• Construction Control Plan – A detailed Construction Control Plan must be submitted, outlining how the construction work will be planned, managed, and monitored to ensure compliance at all stages. This plan, often compiled with input from the PD and PC, should cover things like: how you will obtain any further necessary approvals from BSR during construction; how you will ensure effective communication and coordination among all parties on site; how you will verify that everyone doing the work is competent and that work complies with Building Regulations (including any parts of the job done under a Competent Person Scheme); how you will collect and maintain the “Golden Thread” of information (the up-to-date digital record of the building) during construction; and how the Construction Control Plan itself will be kept under review. Essentially, it’s the construction phase quality assurance plan. Do not underestimate this document – it needs to be project-specific and robust.
• Change Control Plan – Alongside the construction plan, you must provide a Change Control Plan describing the procedures for managing any design or specification changes that occur after approval. The regulator expects a clear process that covers how changes will be identified and logged, how their impacts on compliance will be assessed, how decisions will be documented, and how changes will be reported to the BSR when required. You also need to explain how this change process will be monitored and kept up to date over the course of the project. Given the complex nature of HRB projects, changes are almost inevitable – a solid Change Control Plan ensures that even late changes won’t slip through without proper scrutiny. Failing to include a comprehensive change management strategy is a common mistake that can lead to rejection.
• Mandatory Occurrence Reporting (MOR) System – New to the regime is the requirement for a Mandatory Occurrence Reporting system. Your application must include details of the system that the Principal Designer and Principal Contractor will implement to log and report certain safety incidents or structural/fire risks during construction. This system needs to be set up, maintained, and operated jointly by the PD and PC, and it ensures that any serious issue (a “mandatory occurrence,” as defined by the regulations) is promptly reported to the regulator and addressed. Build UK provides a template for an MOR system in its guidance, which can be a helpful starting point. Make sure your MOR procedure is ready and upload the description or plan as a PDF. This is another commonly missed item – don’t ignore it, thinking it’s optional. It’s mandatory by law, and the BSR will look for it.
• Building Regulations Compliance Statement – This is a substantial document (or potentially a collection of documents) where you demonstrate exactly how your design meets all relevant Building Regulations. It should effectively serve as a narrative compliance report, covering every applicable regulation Part (A through R, plus any others) and explaining, for each element of the building, how it complies. In practice, the Compliance Statement should: identify each and every element that needs to comply with a regulation; state which technical standard or code (e.g. a British Standard, Approved Document guidance, etc.) is being used to meet the requirement and why it’s appropriate; and provide a justification or explanation for how the design satisfies the functional requirement of the regulation. The statement should cross-reference the relevant drawings or plans that illustrate compliance measures. Essentially, you’re showing the regulator your “audit trail” of compliance. Tools like RIBA’s “Relevant Requirements Tracker” can be helpful in compiling this. Not providing a thorough compliance statement is a sure path to refusal – the BSR needs this evidence to approve your application.
• Fire and Emergency File – Another vital document is the Fire and Emergency File, which outlines the key fire safety design assumptions and how the building is intended to perform in fire or other emergencies. This is somewhat akin to a preliminary fire strategy for the building’s use and maintenance. It should include details such as how the building’s design will prevent or mitigate fire and structural failures, how the building will be managed and maintained to keep occupants safe, the strategy for evacuating people (and how that strategy is in line with the design’s assumptions, for instance accounting for disabled evacuation if relevant), and what provisions are made for firefighting (like firefighting shafts, sprinkler systems, hydrant locations, water supply for fire services, etc.). The Fire and Emergency File will eventually form part of the Golden Thread information handed to the building’s owner/manager, but at Gateway Two it demonstrates that fire safety is embedded in the design and will be managed through the building’s life. Make sure to upload this as a PDF – it’s often overlooked or left too superficial. The BSR will not accept an application without a credible fire strategy document.

In summary, the Dutyholders section is where you must prove that the right people are in place and that robust plans are established for controlling the build and safety risks. Most of the new documentation requirements of Gateway Two live here. It’s wise to begin compiling these documents (declarations, plans, and statements) well in advance of submitting your application. If any one of these is missing or inadequate, the BSR will likely flag the application as incomplete.

Pay and Submit Section

Finally, the Pay and Submit section is the last step. Here, you will:

• Review and declare the application – The portal will present a Statement of Application for you to agree to, which is essentially a legal declaration that you are making this application under the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023. If you (the user submitting) are the Client, you’ll tick a box confirming that you are the client and that the application is being made under the Regulations. If you are not the Client (for example, you are an agent, such as an architect or contractor filing on the client’s behalf), you must confirm that you are authorised to act on the Client’s behalf in making this application. It’s important that this step not be treated as a mere formality – make sure the person submitting has the proper authority, because falsely declaring could have legal consequences.
• Pay the required fees – The system will calculate the application fee. Currently, the fee consists of a fixed £189 plus an hourly charge (around £151 per hour per reviewer) for the time the BSR’s team spends assessing your application. You’ll need to pay this via the portal to formally submit. Keep in mind that if your application is rejected and you have to resubmit, fees apply again – yet another reason to ensure everything is correct the first time.
• Obtain your reference number – Once you’ve ticked the declaration and paid, you submit the application. The portal will issue a Building Control Approval Application Reference Number (format may be something like BSA-XXXXX). This reference is important – you will need to cite it later, particularly when you eventually apply for a Completion Certificate at Gateway Three. Make sure to record it.

The Pay and Submit section might be straightforward, but it officially seals your submission. Double-check everything before hitting submit, because after this point the clock starts on the BSR’s review process.

Critical Documents and Declarations – Don’t Miss These!

With the portal sections in mind, here is a checklist of critical documents and declarations you must include in your Gateway Two application. Many of these are new requirements under the Building Safety Act regime, and missing or improperly preparing them has been a common cause of rejections so far. Ensure you have the following:

• Competence Declaration (Client’s Declaration of Dutyholder Competence): A signed statement from the Client confirming they have met their obligations under the regulations – specifically, that they have complied with the Building Regulations’ duties (Part 2A) and have verified the competence of the Principal Designer and Principal Contractor. This document should also note that the Client checked for any past serious misconduct of those parties and has measures to manage any issues. Common pitfall: Simply naming a PD and PC isn’t enough; you need this formal declaration uploaded as a PDF. Make sure it’s signed and dated by the Client.
• Construction Control Plan: A comprehensive plan detailing how construction will be controlled and quality-assured on site. It should describe the management procedures for the build, including communication protocols, compliance checks, competency management, obtaining further BSR approvals if needed mid-project, how you’ll maintain the Golden Thread, etc. Common pitfall: Submitting a generic health & safety plan or project execution plan is not sufficient – this needs to be tailored to demonstrate compliance control for Building Regulations specifically. Use the points listed in the regulations as a guide to structure this document.
• Change Control Plan: A document explaining how any design or construction changes will be handled after the application is approved. It should cover identification, assessment, documentation, and reporting of changes, and how the plan itself will be kept up to date. Common pitfall: Failing to include a change management procedure. Even if you hope to avoid changes, the regulator requires a plan in case they occur. This is about process – who will decide if a change is significant, how you’ll communicate it, and how you’ll ensure no change undermines compliance.
• Mandatory Occurrence Reporting (MOR) System Description: A description or protocol for the required system to report safety occurrences on the project. This should specify what types of incidents must be reported under the Mandatory Occurrence Reporting rules (e.g. any significant fire safety or structural issues during construction) and how the PD and PC will set up and operate this reporting system. Common pitfall: Neglecting this requirement. Don’t just mention “we’ll report incidents” – define the system (use the Build UK template if needed) and assign responsibilities for monitoring and reporting. The BSR will expect to see that you have a procedure ready for the construction phase.
• Building Regulations Compliance Statement: A thorough report demonstrating compliance with all relevant parts of the Building Regulations. This is essentially your technical submission – often consisting of many pages of explanations, tables, and references to drawings. It should explicitly cover structure, fire safety, site prep and resistance to contaminants, toxic substances, sound, ventilation, etc. – every Part A to R (as applicable) – and how your design meets each requirement. It should identify the guidance or standards followed and justify any deviations or unusual solutions. Common pitfall: Submitting design drawings without the narrative. Drawings alone won’t explain compliance. Conversely, a generic statement that “the building will comply with all regulations” is not acceptable – it must be specific and evidence-based. Consider using a compliance tracker or matrix and include cross-references to plans. Remember, this is often the bulk of the Gateway Two assessment – give it the attention it deserves.
• Fire and Emergency File: A document outlining the fire strategy and emergency management plan for the building. It should detail how the building’s design accounts for fire prevention, means of escape, firefighting access, and ongoing safe management of fire and structural safety risks. Essentially, it translates the fire safety design into an operational plan for the building once occupied (how it will be maintained safe, how evacuation will work, etc.). Common pitfall: Treating this as an afterthought. If you already have a Fire Strategy document from planning or design, tailor it to ensure it covers the points the BSR expects (e.g. evacuation strategy aligned with design, facilities for firefighters, how the building’s fire safety features will be managed over time). It needs to be included at Gateway Two, not later at completion.
• Drawings and Site Plan: While seemingly obvious, these are worth listing as they are fundamental. Include all required drawings (plans, sections, elevations) with clear labels, and the site location plan at the correct scale. Common pitfall: Uploading incomplete or low-quality drawings (e.g. missing critical dimensions or labels), or forgetting to include the site plan showing the building in context. Always double-check that the drawings match the descriptions in your compliance documents and that file names make it clear what each drawing is.

In addition to the above, make sure you’ve provided answers for every question in the portal. The BSR’s application portal includes a mix of multiple-choice and free-text questions in addition to the document uploads. For example, questions about whether any works affect rainwater drainage, whether any local Acts apply, etc., need a response (even if the answer is “none” or “not applicable”). An unanswered question can halt validation.

Avoiding Rejection: How to Ensure Your Application is Complete

A key reason so many Gateway Two applications fail on the first attempt is validation errors – essentially, the application is missing something or has not been prepared in the required way, so the BSR cannot even accept it for full assessment. Here are some tips to avoid common pitfalls and ensure your submission sails through the validation stage:

• Submit All Required Information in the Right Format: Upon receiving your application, the BSR will check that all required information and documents are present. This initial validation stage is purely about completeness. If anything is missing or improperly provided, the application will be deemed “not valid” and will not progress any further. To prevent this, use the Build UK checklist (items 1–19) as a final walkthrough. Ensure every item is either submitted or marked not applicable with justification. Remember, the onus is on you to supply everything; the BSR will not chase you for missing pieces – they will simply reject the application.
• Follow the Document Guidelines: The BSR has specific requirements for documents. All files must be PDF format, under 1GB in size, and named in a clear, sensible way (avoid special characters; use letters, numbers, spaces, hyphens, and underscores only). Moreover, the portal expects documents to be uploaded in a particular order, following the logical sequence of the application sections. If you try to skip ahead or if your files are not labelled correctly, the system may not let you proceed. Organise your files beforehand and consider using the portal’s feature to create folders for different categories of documents – this can help the regulator review your submission efficiently. An application can even be rejected if documents are not legible or not the correct type, so double-check scanned documents (e.g. signed declarations) for clarity.
• Quality Control Your Content: It’s not just about uploading a document for each requirement – the content matters. Before submitting, review each narrative answer and uploaded document for completeness and consistency. For example, does your Proposed Work description align with what your drawings show? Does your Compliance Statement address all parts of the Building Regulations that apply? Is your Fire and Emergency File consistent with the fire strategy drawings? Ensure that references cross-check correctly (mismatches or obvious errors will raise red flags during assessment and could lead to rejection at a later stage). It can be helpful to have a fresh pair of eyes (a colleague or an independent expert) perform an internal review using the checklist before you hit submit.
• Plan Ahead for BSR Timelines: Once validated, a Gateway Two application can take many weeks to assess. Officially the regulations allow 12 weeks (for new HRBs) or 8 weeks (for existing HRBs) for the BSR’s decision, but in practice the BSR is currently aiming for around 17–18 weeks total turnaround. This includes assembling a Multi-Disciplinary Team and consulting with the fire service and other statutory consultees. If your application gets rejected and you have to resubmit, that timeline starts over. Thus, incomplete applications are costly not only in fees but in time lost. Always notify the BSR in advance of a planned submission (they recommend giving notice up to 6 months prior), and factor the review period into your project programme. Rushing a submission at the last minute is a recipe for mistakes – and the BSR will not commence their assessment until the application is fully correct and validated.
• Remember: BSR Won’t Coach You Through Compliance: Unlike informal consultations with local building control in the past, the new regulator will not provide advice on how to meet the requirements during the application process. Their role is to enforce, not to design. They have, however, shared common reasons for rejection via industry guidance – use resources like the Build UK guide (which reflects BSR feedback) as a compass. If there are uncertainties about how to achieve compliance, resolve them before applying, possibly with the help of specialists. Once you submit, the BSR expects you to have all answers in hand.

In short, treat the Gateway Two submission as a rigorous, formal dossier – akin to a planning application or even a legal brief – where no required piece is missing and no question is left ambiguously answered. A well-prepared application not only avoids immediate rejection but also smooths the path for the detailed assessment that follows.

Use this to sanity-check your pack before you hit “Submit” in the BSR portal. (Build UK’s September 2025 guide lists the following 19 items.)

1. Project Information
2. Details of Existing or New Building
3. Proposed Work
4. Timescale & Planning
5. Partial Completion Strategy (if applicable)
6. Drains and Sewers
7. Drainage (incl. works within 3 m of sewers)
8. Local Enactments (byelaws/requirements)
9. Staged Applications (if used)
10. Drawings and Plans (legible, labelled status)
11. Site Location Plan (min scale 1:1250)
12. Competence Declaration (Client-signed)
13. Construction Control Plan
14. Change Control Plan
15. Mandatory Occurrence Reporting (MOR) System
16. Building Regulations Compliance Statement
17. Fire and Emergency File
18. Dutyholder Information (Client/PD/PC)
19. Statement of Application (declaration/authority)

Format rules that trip teams up: all uploads must be PDF, under 1 GB, sensibly named (letters, numbers, spaces, hyphens, underscores only), and submitted in the requested order. Use folders to help reviewers. 

Conclusion: Plan Early and Seek Expert Support for a Successful Gateway Two

Gateway Two is a pivotal hurdle in any higher-risk building project. It is both an opportunity to prove your design and construction approach is safe and a potential roadblock if not handled diligently. With only a third of applications succeeding on the first try, developers and contractors must approach this process with thorough preparation and attention to detail. The new building safety regime is unforgiving to omissions or errors, but with the right approach, you can secure approval and move forward to construction with confidence.

The key message is to prepare early and get it right the first time.

Engage your Principal Designer and Principal Contractor in the Gateway Two preparation from day one of the design process. Assemble the required documentation (competence checks, control plans, strategies, etc.) as the design evolves – don’t leave it until just before submission. Use the latest Build UK guidance (which aligns with the BSR’s own portal and expectations) as your checklist and source of truth for what to include.

If this sounds daunting, remember that you don’t have to navigate Gateway Two alone. FDS Consult UK is here to help ensure your application is complete, compliant, and compelling for the regulator. Our team has been at the forefront of building safety compliance and has helped numerous clients successfully obtain Building Control Approval for HRBs. We understand the common pitfalls and the BSR’s requirements inside out, and we can assist in preparing the necessary reports, plans, and statements to the highest standard. In an environment where the regulator won’t advise you on how to meet the rules, our experts can fill that gap – reviewing your designs for compliance, helping you write robust supporting documents, and flagging issues before you submit.

Contact FDS Consult UK as early as possible in your project to get tailored support with your Gateway Two application. Whether you need a full hands-on service or just a professional peer review of your submission pack, we can tailor our involvement to suit your needs. The cost of getting it wrong is far greater than the cost of getting expert help – delays, redesigns, and resubmission fees are all on the line. By involving us early, you’ll have the best chance of passing Gateway Two on the first attempt, keeping your development on track and upholding the highest safety standards.

Ready to ensure your Gateway Two application is a success?

Get in touch with FDS Consult UK and let us help you navigate the building safety regime with confidence. Your project’s smooth progress and the safety of its future occupants depend on getting this right – and with the right preparation and support, you will.