A new approach could break the logjam of Gateway 2 delays

On 2 September 2025, Sky News ran a striking headline: “Hundreds of empty flats that developers say sum up UK’s housing crisis.” It revealed that over 1,200 completed homes remain unoccupied due to approval delays from the Building Safety Regulator (BSR).

That same day, I appeared before the Ministry of Housing, Communities and Local Government (MHCLG) Select Committee alongside Dame Judith Hackitt (chair of the Building Control Independent Panel) and Melanie Leech (chief executive of the British Property Federation) to provide evidence on the work of the BSR to date. The inquiry aimed to probe whether the new regulatory framework effectively balances safety and housing delivery.

For the last year, I have been obtaining and sharing statistics on the Building Safety Act with a view to cutting through the noise and providing clients with the best possible information on what to expect from the new regime. A recent freedom of information request showed that as of 16 July 2025 there were circa 40,000 new homes caught in the Gateway 2 decision process. 

But, according to the same dataset, only 216 applications for new-build HRBs have been made since October 2023. Would this have been more if there weren’t so many bad news stories? While anecdotes shared on social media suggest this, it would be great to also see some empirical evidence to confirm it. 

What we do know is that UK construction activity in July fell at its steepest rate since Covid-19. Delays in getting Gateway 2 approval ultimately mean that building works cannot commence on site. So ostensibly, the ideology of the Building Safety Act and the government’s ‘build, baby, build’ mantra are at odds. 

However, as I argued to the select committee, I do not believe that there is an inherent conflict between housing supply and the demand for safety. Rather, the issues experienced to date are purely operational. 

These could be divided into three categories: proportionality, resource and consistency:

Over 90% of Gateway 2 applications concern work to existing HRBs. Despite this, they endure the same procedural rigour as new builds. A 76-storey tower is required to go through the same approval process as a fire door installation. 

While both works rightly must demonstrate compliance before the works are done, a dedicated team for smaller works could enable swifter handling without compromising safety. The recent arrival of the BSR’s Innovation Unit has been a welcome change, providing a dedicated resource for new-build projects.

In parallel, I questioned the professional development route for Class 2 accredited building control professionals. Class 3s are a finite resource – with only 500, spread thin across building control and professional services. 

Could Class 2s be allowed to regulate Category B works with supervision, as part of a transparent route to Class 3? This could bolster system capacity while preserving oversight and quality.

Inconsistency has been the only constant since the regime formed. Across circa 50 applications to Gateway 2, it feels as if no two experiences have been the same. This has only perpetuated uncertainty and compounded delays. 

Greater standardised decision-making via professional guidance and industry-aligned exemplar submissions could help practitioners align quickly with expectations. The recent Construction Leadership Council guidance is much welcomed, but there could be more. 

After we gave our evidence to the select committee, Andy Roe (the BSR’s non-executive chair) provided a candid appraisal of the new regime’s performance to date, accepting all criticism and confirming that the changes addressing proportionality, resource and consistency would be forthcoming. He also lamented the current IT systems, regarding them as not fit for purpose, and promised improvements.

Roe’s openness was refreshing against the backdrop of the poor dialogue experienced during the first year of the new regime. Ultimately, he committed to significantly reducing the wait times on Gateway 2 applications before the end of the calendar year. 

 Since September, I have supported many several Gateway 2 applications for new HRBs – none have been without a hitch but all are progressing at pace. Invariably our recent submissions have received validation within one week, seen a regulatory lead and multi-disciplinary team appointed shortly after, and received initial comments within three weeks. 

Whether this is a new dawn or a false one remains to be seen, but there are positive signs that show – with calibration – that we can deliver safe, scalable housing. n

Allan Binns is the national director of Project Four Building Safety Experts.