Stuart Binnie, associate director at Rund, highlights key challenges and solutions under the Building Safety Act 2022, including Gateway processes, risk mitigation, and cost management for developers of high-rise residential buildings
The Building Safety Act 2022 fundamentally transformed the way construction projects are procured and delivered, with more detailed designs required at an earlier stage. As the regulation has only been in existence for a few years, there is also a lack of precedent in the industry when it comes to meeting its series of three critical Gateways, each of which presents its own challenges.
Relatively few higher-risk residential buildings, those with a height of at least 18 metres or seven storeys, have made it to Gateway 3 so far. In fact, many building owners and developers are still grappling with the complicated process and the accompanying financial implications of delivering larger schemes. Added to this, the Building Safety Regulator has been beset by well-documented delays in application reviews and approvals. What remains key is adopting the right thought process among the project team, close collaboration, effective risk mitigation and cost assessment strategies from the earliest stages, all of which can go a long way to navigating the constraints and unlocking developments.
Understanding the key challenges
Gateway 1 focuses on obtaining planning permission by demonstrating the proposed design meets necessary safety requirements; Gateway 2 involves the submission of detailed design information and rigorous inspections during construction to verify adherence to approved plans; while Gateway 3 ensures the building is fit for occupation. Developments face several potential complexities when progressing through these stages, and it is crucial to prepare early and understand what is required at each step.
For instance, the need to submit a Fire Statement with the planning application at Gateway 1, setting out the fire safety considerations specific to the development. Gateway 3, meanwhile, applies at the completion of the construction phase and requires evidence to prove that the building has been built according to the approved plans, including Golden Thread information. A Completion Certificate must then be received from the Building Safety Regulator before the building can be occupied.
Arguably, the biggest difficulty facing developers is the fact that the Building Safety Regulator requires close to fully designed schemes by the Gateway 2 stage. This is also where the majority of delays happen, posing a major constraint. According to the Building Safety Regulator’s first official data, published in July 2025 and covering the period from late 2023 to March 2025. The figures reveal that, from a total of 2,108 applications received, only 338 have received approval, with the timeframe for new build schemes increasing threefold from the original 12-week approvals target to around 36 weeks.
In an accompanying statement, the Health and Safety Executive acknowledged the substantial delays but added that approximately 70% of the applications received were rejected because they did not contain adequate information or sufficiently demonstrate that they could comply with the requisite safety and quality standards. For their part, developers can help to streamline the process by producing well-prepared and comprehensive submissions that leave projects best placed for success.
At its core, the Building Safety Act stipulates that the entire design process should be brought forward in a detailed project procurement programme. It calls for structural safety – particularly fire safety – to be embedded in the thought process of every project team member from day one, much earlier than would be the case under a typical design and build procurement path. This means that more investment needs to be committed upfront, before planning approval is secured and a contract price is set, which in turn creates greater risk for the organisations involved and requires a robust strategy to mitigate the risk and overcome any potential roadblocks ahead.
Weighing up the cost implications
For buildings with a height of seven storeys or more, compliance with the Building Safety Act carries considerable budget implications, with everything from extra stairwells and cores to lifts and sprinklers representing additional cost. What is more, failure to comply with its stringent requirements can result in heavy penalties and potential legal action.
The solution is to undertake detailed cost and value management very early in the design process. By evaluating factors such as floor layouts and how these can be more efficiently designed while remaining fully compliant.
Funding partners on schemes may be more cautious given the intensifying focus on safety compliance (and serious ramifications for all accountable parties on non-compliant buildings), not to mention uncertainty that developments will be approved within set timeframes and therefore be able to meet project deadlines. Delays mean greater costs, loss of potential investment returns, and, ultimately, funding gaps on developments.
Again, it comes down to striking the right balance between costs, viability and risk factors from the outset. The Gateway phases themselves can aid in this process because, by addressing safety concerns from the start, Gateway 1 aims to prevent costly remediation measures and potential safety hazards (as well as unforeseen costs and delays) further down the line.
A proactive approach to risk management, together with a thorough cost governance plan, is essential for maximising cost and timeline efficiencies on developments. This entails completing detailed budgeting estimations tailored to the project, with a clear breakdown of costs comprising design, construction, related fees, risk allowances and contingency planning, adjusting for inflation where necessary.
By way of example, Rund is supporting a leading registered housing provider on a c.£150m regeneration project in Berkshire, by providing project management, principal designer and cost governance services – with cost planning and value engineering to ensure project viability throughout.
Rund’s strategy included enhanced pre-contract project management, early contractor engagement under a Pre-Construction Services Agreement, and an independent review by a Registered Building Control Approver prior to Gateway 2 submission, which has now been completed. In terms of budget expectations for achieving Gateway 2 approvals, project costs were set out as follows: RIBA stages 1-2: 0.75% of anticipated build cost; RIBA stages 3-3A: 1.25% of anticipated build costs; and RIBA stages 4-5: 2% of anticipated costs.
The scheme involves the demolition of the existing residential buildings on the estate, followed by the redevelopment of the site to provide c.415 new homes for the local community, with shared open space and landscaping as well as a new village green, shop and café.
Embracing the Building Safety Act as a force for good
Despite the prevailing negative narratives regarding the Gateway bottlenecks and complications, it’s important to remember that the Building Safety Act is a hugely positive change, and its focus on health and safety is something that should be done by default on all developments.
By implementing its three Gateways, the Act aims to enhance quality and safety in housebuilding – strengthening accountability, ensuring ongoing compliance, and enabling early risk detection and mitigation. It instils the right mindset from the earliest phases and, looking at the bigger picture, can also help accelerate the delivery of much-needed homes and improve the country’s acute housing crisis.
The Building Safety Regulator recently announced a package of encouraging reforms, aimed at unblocking new build construction delays, most notably at Gateway 2. A Fast Track Process will expedite both new build and remediation applications, while investment in bringing on a hundred new staff will further support operations and minimise delays.
Meanwhile, the Regulator’s leadership will be passed from the Health and Safety Executive to a new Ministry of Housing, Communities and Local Government body. These measures are intended to support the government’s target of 1.5 million new homes in the coming years.
Successfully navigating the Gateways in a streamlined way requires close collaboration between building owners, designers, contractors, and regulatory bodies. There can only be upside to this approach for the wider industry and for the quality of the UK’s future housebuilding projects.
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