Construct.law - Winter 2025
Higher Risk Buildings – Passing through Gateway 3
By Marie Randall
LODGE: A Living Sector Update Winter 2025
VAT On Developer’s Biodiversity Net Gain (BNG) Costs
By Elizabeth Hughes and Phil Webb
We have previously written about:
- How to get your Gateway 2 building control application right for works to higher risk buildings (HRBs), and
- The Building Safety Regulator (BSR) and the control it has over changes to what has been approved under Gateway 2.
In this article, we will take a closer look at Gateway 3 (applying for the building control completion certificate) and the practical issues parties may face in passing through this Gateway.
How to apply for Gateway 3 approval
Once the notifiable works have been completed, you can apply online for a completion certificate. To do so, you will need to demonstrate that the HRB works have been completed in accordance with the documents agreed at Gateway 2 and any subsequent controlled changes and that they comply with all relevant Building Regulations. The government website Applying for a completion certificate - GOV.UK sets out the documents that are to be uploaded when you apply.[1] These include:
- a summary of the completed work that will be covered by the completion certificate along with the date the work was completed;
- drawings and plans;
- compliance declarations signed by each principal designer and principal contractor on the project confirming they have fulfilled their duties under Building Regulations;
- a client confirmation statement signed by the client, confirming that to the best of their knowledge the building works meet the relevant Building Regulations; and
- a change control log.
You will also need to provide a statement which confirms the client has handed the building information over to, where applicable the responsible person under the Regulatory Reform (Fire Safety) Order 2005 or the principal accountable person. The statement must be signed by the client and where applicable, the responsible person or relevant accountable person.
Costs of applying for Gateway 3 approval
The costs of applying for a Gateway 3 approval are £189 plus £151 per hour worked for BSR staff, along with any costs to the BSR of relevant authorities and third parties.[ii] It is worth noting that the BSR will not issue a completion certificate if there are overdue charges related to your building control approval application or if payment of the building safety levy, if applicable, is overdue once the levy comes into force on 1 October 2026.
Gateway 3 decisions
If the BSR is satisfied that the application meets the criteria for approval, it will issue a completion certificate. If not, the application will be rejected. The BSR is to provide its decision within eight weeks of receiving a valid application, or longer if the parties agree.
Appealing a decision
If the application is rejected and you disagree, you can request a review. Details about how to request a review will be included in the decision letter. If after the review you still disagree with the decision, you can appeal to a First-tier Tribunal. Be aware that there are strict time-limits for making the appeal.
Gateway 3 approval for new HRBs
In the case of the construction of a new HRB, the creation of additional residential units in an existing HRB or works to a building which cause it to become an HRB, before the relevant residential unit can be occupied, Gateway 3 approval of the relevant part of the HRB needs to be received from the BSR. The BSR needs to be satisfied that as far as it has been able to determine, the completed building complies with building regulations and is ready to be occupied. Once the approval has been received, for new HRBs, the building can be registered with the BSR for either partial or full completion, as applicable. Without BSR approval, it is a criminal offence for residents to move in.
Issues that slow down applicationsIssues that slow down applications
As at early September 2025, only 16 applications for Gateway 3 approval had been submitted to the BSR. Nine of those applications had been approved with the rest remaining under review[iii]. Of course, these figures will continue to grow as more developments are completed. What has been shown from the applications received so far is that there are recurring factors which are slowing down applications, including:
- incomplete evidence – gaps in the fire and structural safety documentation needed to demonstrate full compliance;
- weak change control records – where changes made after Gateway 2 were not properly documented or justified;
- discrepancies between drawings and site reality – as-built information not matching installed systems or materials; and
- system integration issues – where individual safety systems passed tests in isolation but did not perform correctly when operating together.
We have also heard anecdotally of instances where the applications have been made whilst the notified works have not yet been completed or fully commissioned, with fire suppression systems not working at the time of the BSR’s inspection.
Steps to make your Gateway 3 application more streamlined
Those developers that have maintained accurate golden thread information and have kept the BSR informed throughout the build, have seen faster turnaround times.
Build UK has published guidance on making Gateway 3 applications.[iv] It includes the recommendation that the BSR is given at least eight weeks’ notice that you intend to apply for the Gateway 3 certificate.
The BSR has set out the following steps developers can take to make the Gateway 3 application more streamlined:
- maintain a clear and up-to-date golden thread of fire and structural safety information throughout the project;
- engage early and consistently with Registered Building Inspectors (RBIs) and BSR Regulatory Leads to confirm expectations and avoid late surprises;
- record all design or product changes in a way that clearly links decisions, approvals and as-built outcomes;
- carry out internal verification checks before submission to ensure documentation, calculations and test certificates align; and
- treat Gateway 3 as an opportunity to demonstrate quality, not as a compliance hurdle.
Fundamentally, a project with a rigorous and well documented quality assurance regime being operated and documented throughout the period between Gateway 2 and Gateway 3 should reap the benefits and may give considerable assurance to the dutyholders (the client, the principal designer and the principal contractor) at the time when they are required to give their Gateway 3 compliance statements.
Next steps
The BSR is currently under reform, with an arm’s length body (an Executive Agency) to the Ministry of Housing, Communities and Local Government intended to assume the role of the BSR in January 2026. In an effort to tackle the backlog of Gateway 2 applications, the BSR has set up the Innovation Unit to deal solely with gateway applications for new HRB works as part of their new batching process launched during September. The batching process is being applied for new builds, remediation and Category A refurbishments. We may be heading into another challenging time for the BSR with the volume of Gateway 3 applications likely to substantially increase over the course of the year as projects start to reach completion, alongside the prospect of a surge in Gateway 2 applications ahead of the introduction of the building safety levy on 1 October 2026. The industry (alongside the Government and its 1.5million target for new homes) will be keen to see if the BSR can keep to the eight weeks timescale for making its Gateway 3 decisions. With the prospect of new HRBs / new residential units being unoccupiable by residents before the issue of the Gateway 3 completion certificate and registration of the new HRB, the stakes are incredibly high for the industry. Clients will no doubt be working hard to give the BSR every reason to approve their Gateway 3 applications.
[i] See Regulations 40 and 45 of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 for further particulars
[ii] For further details, see charging-scheme.pdf.
[iii] Gateway Three: The final safety gate before occupation - Making Buildings Safer
[iv] Gateway-Three-Applying-for-a-Completion-Certificate-September-2025.pdf.