James So
- Solicitor
- Construction
On 27 March 2025, the Government published new guidance for seeking building control approval for higher-risk buildings (HRBs). For those navigating the new, often confusing and overwhelming, regime for carrying out work on HRBs it is a very good place to start.
There are 5 new guidance notes:
- Building control approval for higher-risk buildings: Building control approval for higher-risk buildings – GOV.UK
- Preparing information for a building control approval application: Preparing information for a building control approval application – GOV.UK
- Manage a building control application for a higher-risk building: Manage a building control application for a higher-risk building – GOV.UK
- Making changes to a higher-risk building project; Making changes to a higher-risk building project – GOV.UK
- Applying for a completion certificate: Applying for a completion certificate – GOV.UK
A second recommended port of call is the “Building Control Approval Application for a new Higher-Risk Building (Gateway 2) Guidance Suite” published by the Construction Leadership Council on 21 July 2025. The suite of notes provides:
- A summary map of the building safety regime process for a Building Control Approval Application for a new HRB, with links to relevant sources
- Guidance on the sufficient level of design detail needed for Gateway 2
- Advice on how to approach and manage the use of an Approval with Requirements for a Gateway 2 application
- Baseline design information to be submitted for a Gateway 2 application, with an example schedule
- Advice on the use and submission of an Application Project Brief for a Gateway 2 application, with an example project brief
- Guidance on best practice for document management and submission to the BSR online portal, with an example schedule
- Guidance on the use and submission of an Application Strategy for a staged building control approval application or applications for multiple buildings within a single development, with an example application strategy.
As a reminder, the Building Safety Regulator (BSR) was introduced by the Building Safety Act 2022 (BSA) to oversee and approve building work for HRBs. HRBs are buildings which have at least:
- 7 storeys or are at least 18 metres high
- 2 residential units or are a hospital or care home.
The BSR checks that the proposed works comply with building regulations, that the client manages the project properly and that the client appoints competent people to work on the project.
A new framework for applying for building control approval for HRBs was introduced by the BSA and the detail of the new gateways process was codified in a raft of secondary legislation, chiefly the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and Building Safety (Regulator’s Charges) Regulations 2023. See our previous article: BUILDING SAFETY ACT 2022 (BSA) – GATEWAY REGIME – Wedlake Bell
From a technical or legal perspective there is little of note in the Government guidance. It does not change the policies and procedures set out in the BSA or secondary legislation, but it does contain useful practical reminders, especially to the uninitiated. Here are some that caught our attention:
- Reminder of when building control approval is not required including what constitutes emergency repairs and the requirements for their later approval and what works are exempted
- Reminders of the additional reporting requirements for accountable persons and principal accountable persons
- Repeated reminders that a validated application (the first step in the gateway 2 approval process) does not mean the application has been approved
- Someone else can handle the application on behalf of the client, without absolving the client of responsibility though
- Detailed provisions on the filesize limits and formats of documents (as some design documents in particular can be vast in size/ require certain software to view)
- Reminders to upload reference files/tables of contents to assist the BSR in navigating the application, as the applications can be lengthy
- Useful guidance on the different types of changes to the approved application and how to manage them
- Distinguishing between CDM responsibilities and the requirements of Building Regulations, even though the same labels – “principal contractor” and “principal designer” – are used
- Detailed guidance on the required contents of fire and emergency files and compliance statements
- Information on charges for applications and hourly rate for BSR staff (£151)
- Reminder of what information is required when applying for a gateway 3 completion certificate and the need to plan ahead including by keeping the mandatory Golden Thread up to date
- Clarification that the BSR will not issue a completion certificate (needed legally to occupy the HRB after completion of the work) if there any overdue charges related to your building control approval
There are also hyperlinks to further guidance throughout each note to dig deeper into particular aspects.
One surprise, perhaps born out of necessity and applicants’ confusion, is the express direction to seek advice from the BSR prior to submitting a staged application (i.e. where applying to construct in distinct stages of development, e.g. multiple buildings connected via a basement car park), representing a departure from the BSR’s previous stance of not providing pre-application advice and perhaps signalling a gentle evolution as the BSR settles into its far-reaching role.
The new guidance is welcome, presenting in plainer English the dense content of the regulations relating to the gateway regime made under the BSA. But be wary of relying solely on guidance to the exclusion of the relevant regulations; as far as the BSR is concerned, the regulations will always take precedence if there is any discrepancy between the two, since they are the legal source of what is required. Government and industry guidance helps, especially those seeking BSR approval who are not regularly involved in the construction industry or in the development of, or works in, HRBs, but it should continue to be treated as a high-level checklist rather than a crutch. That said, the guidance remains a very good place to start.
Meet the team:
Matthew Pexton
- Partner
- Construction
