The BSR (Building Safety Regulator) has issued a series of videos to explain their role in the Gateway 2 stage of building control for higher-risk buildings (HRB’s) in England.
What are the 3 Gateways?
The Building Safety Act 2022 requires new builds or refurbishments of buildings that are classed as HRB’s to pass through a series of critical gateways, designed to enhance safety standards and oversight of said premises. HRB’s are buildings which are 7 storeys or more tall (or over 18 metres), with two or more separate residences.
The Building Safety Regulator wants to see assurances and evidence that building safety issues are being properly considered at each key stage of a project, which are:
- Gateway 1 – Where planning permissions are garnered, as long as the proposed design meets the necessary safety requirements.
- Gateway 2 – The construction phase, where inspections will occur to verify that the approved plans are being followed;
- Gateway 3 – Where documentation and inspection will test and determine that the building is fit to be occupied.
These gateways are designed to:
- Improve accountability;
- Allow for early risk identification;
- Ensure continuing legal compliance; and
- Establish clear documentation throughout a building’s lifecycle.
Failing to meet a gateway’s requirement can result in project delays and severe financial penalties, which the industry should be in no doubt, will be utilised by the Regulator to underscore the importance of prioritising safety for high-risk buildings and their users.
The New Videos
The produced videos explain the application process, which is rigorous, to ensure resident safety and the avoidance of costly issues. They also provide access to useful resources that the BSR has made available for applicants.
The videos and accompanying article can be found here.
Building Assessment Certificates
When an Accountable or Principal Accountable Person applies for a Building Assessment Certificate (BAC), they must demonstrate that the building meets the requirements of the Building Safety Act 2022 – specifically relating to fire, its spread, and any resulting structural failure. This would show, to residents, visitors, and the general public that the building is meeting set standards.
However, the BAC can only look to the conditions at the time of the assessment, it is a snapshot in time (similar to an MOT) and does not represent ongoing compliance.
The Code
A code of practice for the Remediation of Residential Buildings (the code), sets clear expectations for those undertaking and managing remediation projects. Whilst this code is only guidance, just as an ACoP which accompanies legislation, the BSR as the enforcing authority and the courts, are expected to make it clear, that all projects are expected to follow the Code.
So, it is important that all projects are compliant because the people responsible for them should be in no doubt that action will be taken if and where necessary.
Other resources
A case study which shows how the BSR identified critical fire safety failings in a newly built high-rise residential building is also available here. Issues identified led to the occupation being stopped until deficiencies were identified and related to:
- Firefighting facilities;
- Suppression systems;
- Smoke control;
- Power supplies;
- Evacuation procedures.
The BSR has a portal that receives uploaded building safety documents, which now allows applicants to create folders for their submissions and supporting documentation.
Improved guidance for HRB building control approval which is available via GOV.UK is also being provided:
- Building Control Approval for higher-risk buildings
- Preparing information for a building control approval application
- Making changes to a higher-risk building project
- Applying for a completion certificate
To avoid accidents, causing harm and facing prosecution,
ensure your business complies with health and safety law in 2025, by
- Conducting risk assessments as and when required (prior to undertaking activities).
- Providing training regarding the risks involved and how to manage them.
- Supervising risk management, as necessary, until competence is demonstrated.
- Formally reviewing risk assessments and associated safe systems of work, regularly.
- Updating training provided (toolbox talks, in-house or external formal training).
- Keeping / updating records of all the above processes.
Need help with this, do not hesitate to contact your health & safety consultancy.