Following a flurry of building safety announcements at the end of 2025, Stephen Workman of AtkinsRéalis examines concerns over Gateway 3 and the longer-term structure of regulation
The end of 2025 saw a raft of information released by the government around the Building Safety Regulator (BSR), Gateway 2, Higher-Risk Buildings (HRBs) and other issues affecting the construction sector in England.
It reflected how the debate around building safety had broadened from what began as concern over delays at Gateway 2 into a wider discussion about how the regulator is operating, and where the next pressure points are likely to emerge for the construction industry.
The flurry of government publications just before Christmas, coupled with the findings of the House of Lords Industry & Regulators Committee, has given the clearest picture yet of how the BSR intends to operate at scale.
Gateway 2 progress
The most immediate issue for the sector has been Gateway 2 approvals and the concerns that were reflected in the Lords’ report, describing delays as “unacceptable”, even while acknowledging the benefits of increased scrutiny.
Since then, performance data released by the Health & Safety Executive points to real progress. Determination numbers have risen sharply through the final quarter of 2025, with the regulator making more Gateway 2 decisions in a 12-week period than at any point since it began operating. Engagement with applicants, clearer expectations and the use of staged applications are all starting to have an impact.
New guidance issued in December on preparing building control approval applications – particularly for projects constructed in stages – is an important step forward. It recognises the reality of modern delivery models, including multi-tower developments and complex phasing strategies, while giving applicants more clarity about when and how information should be submitted.
The BSR has also strengthened its leadership team and is recruiting additional staff, but the real test will come later this year. The planned full adoption of BS9991:2024 in September is likely to trigger a surge in Gateway 2 submissions as teams seek to lock in approvals under the previous version of the standard. Whether the regulator can maintain momentum through that peak remains to be seen.
Gateway 3 concerns
If Gateway 2 has dominated conversations over the past 18 months, Gateway 3 has potential to become the defining issue of 2026.
Unlike Gateway 2, which prevents work starting on site, Gateway 3 is a hard stop on occupation. Without approval, a building cannot be occupied, cash flow is affected and commercial risk crystallises very quickly. For developers, contractors and funders alike, its significance cannot be underestimated.
What is notable is how little guidance has so far been issued on Gateway 3 compared with Gateway 2. As the earliest Gateway 2 approved projects approach completion, teams are now turning their attention to the evidence required for final approval and discovering that industry consensus on what “good” looks like is still forming.
Experience suggests that, as with Gateway 2, understanding will improve through practice. Poor or incomplete submissions will be rejected, expectations will harden, and procurement and delivery strategies will continue to shift in response. But the lack of early clarity increases the risk of delay at the point where programmes are most commercially sensitive.
Towards a single regulator
Overlaying this is the government’s consultation on the creation of a single construction regulator. The prospectus sets out an ambition to integrate oversight of buildings, construction products, professions and digital information into a more coherent system.
For an industry accustomed to navigating multiple regulators, the principle is appealing. Consistency of approach, clearer accountability and better use of data could all support improved outcomes. But much will depend on how integration is delivered in practice – and whether reform simplifies the landscape or adds another layer of transition at a time when firms are still adapting to the Building Safety Act.
Taken together, the recent guidance and announcements suggest that building safety regulation is entering a new phase and Gateway 2 is becoming more predictable. The definition of HRBs is, for now, settled with the decision in December to not make any changes. Attention is shifting towards Gateway 3 and the longer-term structure of regulation.
For the construction industry, the message is that building safety is no longer something to be dealt with at a single project stage or through compliance in hindsight. It demands earlier coordination, better information management and a willingness to adapt commercial models to a system that prioritises safety outcomes over speed.
The direction of travel is set but the challenge now is whether industry and regulator can stay aligned as the next set of pressure points comes into view.
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