Gateway gridlock: how approval delays are stalling UK construction

The Fire Industry Association (FIA) examines the impact of the Building Safety Act 2022 on high-risk building (HRB) projects and adovates for reforms to streamline approvals, increase regulatory capacity, and ensure that fire safety measures do not unintentionally hinder progress in the construction sector

The introduction of the Building Safety Act 2022 has reshaped the regulatory framework for high-risk buildings (HRBs), particularly residential developments over 18 metres tall. While this shift is a necessary step towards improving fire safety and ensuring robust building practices, its implementation has led to significant delays in construction projects due to stringent design sign-off procedures under Gateways 2 and 3.     

These regulatory changes were introduced following the recommendations of the Hackitt Report in response to the Grenfell Tower disaster, a tragedy that underscored the need for fundamental reforms in building safety standards. The legislation requires that remediation or new-build HRB projects obtain approval from the BSR (Building Safety Regulator) at three distinct “gateway” stages: planning permission, pre-construction, and pre-occupation. However, the current delays in obtaining approvals have raised concerns within the construction industry, impacting project timelines, financial viability, and the ability to meet housing targets.

Bottleneck

The Fire Industry Association (FIA) has long advocated for improved fire safety regulations and fully supports the fundamental principles behind these new measures. However, the industry now faces a bottleneck in the approval process that was not fully anticipated, creating unintended consequences. The requirement for full design approval before construction can begin under Gateway 2 has disrupted traditional workflows, where construction could commence while certain design elements were still being finalised. In principle, this change is aimed at preventing fire safety issues from being addressed too late in the process. In practice, however, it has resulted in an overwhelming volume of applications, regulatory bottlenecks, and a backlog that is significantly delaying project commencement.     

The impact of these delays extends beyond construction firms and developers. The UK government has committed to ambitious housebuilding targets (1.5 million new homes in five years), recognising the urgent need for more homes. However, with Gateway 2 approval taking longer than anticipated, developers are struggling to meet deadlines, leading to a slowdown in housing delivery. This has financial implications for investors, contractors, and suppliers, all of whom rely on project continuity. The unpredictability surrounding approval timelines has made planning increasingly difficult, forcing firms to navigate an uncertain regulatory landscape while absorbing rising costs associated with delays.     

One of the main challenges with Gateway 2 is the increased burden on regulatory bodies responsible for reviewing and approving designs before construction begins. With the introduction of stricter requirements for competency and compliance, regulatory authorities have seen a surge in applications, and their capacity to process them efficiently has not kept pace. Many construction firms have reported instances where applications take months to be reviewed, with multiple rounds of revisions being requested. The necessity of these reviews is clear; ensuring that fire safety is embedded in building design from the outset, but the timeframes associated with the process are creating significant disruptions.     

Adding to this complexity is the shortage of professionals with the required competency levels to assess fire safety compliance. With new requirements demanding higher levels of qualification for fire engineers and other specialists, the industry is facing a shortfall of qualified personnel. This has led to a slower approval process, as a limited pool of experts must review an increasing volume of applications. The FIA has long supported competency improvements within the industry, advocating for better training and clearer professional standards. However, the immediate reality is that the system is struggling to keep up with demand, and construction firms are caught in the middle of a process that is not yet functioning as smoothly as it should.     

For many developers, the delays at Gateway 2 are only part of the challenge. Once E F construction is completed, Gateway 3 introduces another regulatory hurdle before the building can be occupied. This final stage requires detailed verification that all work has been carried out in accordance with approved plans, and that the building is fully compliant with safety regulations. Again, the principle behind this requirement is sound; ensuring that safety is not compromised in the final stages of development is essential. However, as with Gateway 2, the implementation has resulted in extended approval times that make it difficult for developers to predict when a building will be ready for occupation.     

These delays have financial consequences that ripple throughout the industry. Developers are struggling to plan ahead because they do not know when, or even if their projects will be approved. Investors, who were prepared to fund major developments, are pulling out or postponing decisions because the financial risk is too great. For contractors, uncertainty around project timelines is making it difficult to hire and retain staff.

Housing crisis

Most concerning of all, these delays are exacerbating the UK’s housing crisis. The government has set ambitious housing targets, recognising that there is an urgent need for more homes. Yet, with construction projects unable to progress, those targets are moving further out of reach.     

One of the biggest concerns is the lack of consistency in how Gateway 2 and Gateway 3 approvals are being handled. While some local authorities have managed to streamline the process effectively, others are struggling with workload capacity, leading to variations in approval times. Developers have highlighted cases where nearly identical projects in different locations have received approvals at vastly different speeds, suggesting that the system lacks uniformity. This inconsistency creates additional challenges for national construction firms trying to operate efficiently across multiple sites.

Improvements needed

To address these challenges, the FIA believes that urgent improvements are needed in the way Gateway 2 and Gateway 3 are administered. One potential solution is increasing the capacity of regulatory bodies responsible for reviewing applications, ensuring that they are adequately resourced to meet demand. This may involve the recruitment and training of more fire safety professionals to conduct assessments, as well as investment in digital tools that allow for a more streamlined approval process. The introduction of clearer guidance and standardised documentation requirements could also help to reduce the back-and-forth that currently delays many applications.     

Another recommendation is the introduction of a fast-track approval system for projects that demonstrate a high level of compliance from the outset. This could apply to developments where accredited fire safety professionals have been involved from an early stage, allowing for a more efficient sign-off process. While it is important to maintain rigorous safety checks, there should also be a mechanism that rewards best practice and allows well-prepared applications to be processed more swiftly.

Developers have also called for greater transparency in the approval process, with clearer communication on expected timelines and more detailed feedback on any issues that need to be addressed. A digital tracking system, where applicants can monitor the status of their submissions in real time, could help to provide much-needed visibility and reduce uncertainty. This would also help to identify bottlenecks in the system, allowing for targeted improvements in areas where delays are most pronounced.     

The FIA remains committed to working with industry stakeholders, regulatory bodies, and policymakers to ensure that fire safety remains a top priority without creating unnecessary delays in construction. There is a delicate balance to be struck between maintaining rigorous safety standards and ensuring that new homes can be delivered efficiently. With the right adjustments, the Gateway process can achieve both objectives, safeguarding lives while supporting the construction sector’s ability to meet demand.     

The delays caused by the current approval system are not an argument against higher safety standards, but rather an indication that implementation strategies need to be refined. Fire safety should never be compromised, but neither should the ability of the construction industry to function effectively. By adopting a more collaborative approach, addressing regulatory capacity issues, and introducing mechanisms for greater efficiency, the government can ensure that these much-needed reforms achieve their intended purpose without stalling progress.     

The FIA urges policymakers to engage with industry leaders to find solutions that work for all parties. The construction sector, fire safety professionals, and regulatory bodies must work together to refine the system so that compliance does not become an obstacle to building new homes. With thoughtful adjustments and a commitment to efficiency, the Gateway process can be improved to deliver both safety and progress in equal measure.