A freedom of information (FOI) request submitted by law firm Irwin Mitchell identified 5,594 units currently unoccupied, with the longest case still waiting for approval after 550 days
Gateway 3, which represents sign-off post completion of building projects, has emerged as the latest obstacle in clearing the building approval backlog, according to the findings of Irwin Mitchell.
Across 44 schemes that have been delayed for over three months, 5,594 completed units are ready for residents but sitting empty. This includes one case that has been waiting for 550 days, or 18 months.
Gateway 3 approvals are intended to be completed within eight weeks
The newly-separated Building Safety Regulator (BSR) requires developers to pass through three gateways for approval for buildings deemed higher risk- usually residential developments at least 18 metres tall, or with at least seven stories.
Gateway 1 is part of securing planning permission for a development, Gateway 2 evaluates the designs before a project begins construction, whereas Gateway 3 is the final approval required before a completed building can be occupied.
The FOI request also found that out of 158 applications submitted last year, 55 took over three months to receive a decision.
“The delays we are seeing now are unsustainable”
Vijay Bange, national head of construction at Irwin Mitchell, said: “We fully support the need for a strong, independent regulator and recognise the importance of rigorous oversight. But our FOI findings show that the current Gateway 3 process is not delivering decisions within the statutory timeframe.
“Thousands of completed homes are sitting empty for months on end. This is financially damaging for developers and deeply frustrating for residents waiting to move into safe, modern homes.
“The transition to a standalone regulator provides an opportunity for improvement, but the delays we are seeing now are unsustainable. Greater transparency, clearer communication and better resourcing are essential if Gateway 3 is to operate effectively.”
The BSR disputed Irwin Mitchell’s conclusions
“No new-build HRB that has gone through the GW2 process has yet applied for GW3 approval,” the BSR said. “The only new-build properties that have reached GW3 are transitional legacy cases (where the building was assessed under the old regime and not gateway 2, but transferred to the BSR after the Building Control body ceased trading). We have found significant safety issues in some of these older projects and continue to work proactively with applicants to get the buildings to a state where they can be occupied.
“The vast majority of GW3 applications and decisions so far are for Category A or B work alongside some remediation work, most of which is carried out whilst residents remain in their homes.
“It is therefore not correct to equate these applications to empty properties.”
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