Building Safety Regulator Set to Conclude Gateway 2 Legacy Cases by Year-End

The Building Safety Regulator (BSR) is on track to resolve the remaining complex legacy cases under the Gateway 2 process by the end of the year, marking a significant milestone in its efforts to enhance building safety across England. This push aims to clear a substantial backlog and transition towards a more streamlined regulatory approach.

Key Takeaways

The BSR is actively reviewing the final 29 long-running legacy schemes.
Applications that cannot be resolved within the next one to two months will be rejected.
The regulator has seen a significant acceleration in Gateway 2 performance, with a 250% increase in decisions in late 2025.
The BSR is moving to arm’s-length status, a step towards a single construction regulator.

Clearing the Backlog

The BSR has confirmed it is meticulously reviewing the final 29 legacy schemes on a case-by-case basis. Developers with applications that cannot be resolved within the next one to two months will be required to start afresh with new submissions, as information gaps on some projects are too significant to bridge. This stricter approach is being implemented as the BSR transitions to arm’s-length status under the Ministry of Housing, Communities and Local Government, a move that signals progress towards the establishment of a unified construction regulator, a key recommendation from the Grenfell Tower Inquiry.

Accelerated Progress and Future Outlook

Legacy new-build cases have seen a dramatic reduction, falling from 81 in early November to just 29. While approval rates for viable legacy cases remain high at 87%, the regulator acknowledges that these cases continue to consume disproportionate resources. The BSR’s latest progress report highlights a sharp acceleration in Gateway 2 performance, with the final quarter of 2025 delivering a record 673 decisions, a substantial increase from just over 200 in early 2025. In the 12 weeks leading up to January 24th, an additional 698 decisions were issued, bringing the total live applications across all categories to 1,159.

Broader Responsibilities and Challenges

Charlie Pugsley, acting chief executive officer of the BSR, stated that the move to standalone status represents a significant new chapter, expanding the regulator’s mandate beyond high-rise oversight to encompass broader safety and standards across all buildings in England. The aim is to foster a holistic approach from design through to lifelong building management by enhancing professional competence and refining regulatory guidance. Despite the progress, challenges persist, particularly concerning application quality. Over half of applications submitted to the Innovation Unit fail initial validation due to missing essential design information.

Addressing Remediation and Future Approvals

While new build approvals are gaining momentum, progress on remediation projects remains slower, with over 250 applications covering more than 22,000 homes awaiting clearance. To address this, the BSR plans to establish a new centralised Remediation Unit, modelled on the successful Innovation Unit, supported by additional technical staff and closer collaboration with Homes England. A new batching system has also been introduced to send weekly bundles of new build and remediation cases to engineering service suppliers, aiming to clear the current backlog and expedite future approvals.