In short
- Statutory periods are 12 weeks for new higher-risk buildings and 8 weeks for work to existing ones.
- In the 12 weeks to 1 August 2026, the median decision for new buildings was 22 weeks, down from 43 a year earlier.
- Most delays come from insufficient, generic or inconsistent information.
- A building-specific fire strategy, coordinated with the drawings and test evidence, is central.
What Gateway 2 is
Since October 2023, the Building Safety Regulator (BSR) has been the building control authority for higher-risk buildings in England. Before building work starts on a new higher-risk building – or on work to an existing one – the client must apply for building control approval. This is Gateway 2. Work can't start until it's approved. Gateway 3 follows at completion, before the building can be occupied.
How long it's taking
The statutory determination periods are 12 weeks for new buildings and 8 weeks for work to existing higher-risk buildings. In practice, decisions have taken much longer. Published figures for the 12 weeks to 1 August 2026 show:
| Category | Decisions | Approval rate | Median time |
|---|---|---|---|
| New HRBs and conversions | 45 | 91% | 22 weeks |
| External remediation | 110 | 85% | 34 weeks |
| Internal refurbishment | 166 | 77% | 32 weeks |
For new-build and conversion cases, the 22-week median compares with 43 weeks in August 2025, when the approval rate was 39% – so things have improved. Applications submitted in 2026 are moving faster than older ones.
Why Gateway 2 rejections and delays happen
Industry analysis of Gateway 2 applications points to recurring problems:
- Insufficient information – statements like "we will comply with the Building Regulations" or "final products to be selected"
- No route to compliance – drawings without a narrative linking them to each requirement
- Missing structural justification, especially for recladding or extra loading
- Contradictory or disorganised documents – inconsistent versions, poor file structure, text copied from other projects
- Irrelevant material that doesn't address compliance
- Premature submission under programme pressure, before the design is ready
- Fragmented design packages prepared separately and never coordinated
What the regulator needs from the fire strategy
The fire strategy sits at the heart of a Gateway 2 application. It should:
- Be building-specific – no generic text from other projects
- State the guidance followed – Approved Document B, BS 9991 or BS 9999 – and justify every departure with clear engineering reasoning
- Match the drawings – stair numbers, compartment lines, fire door ratings, smoke control and firefighting provisions should be identical across documents
- Deal with the external walls – build-ups, materials and test evidence that matches what's drawn
- Specify the hidden details – cavity barriers, fire-stopping and penetrations
- Explain the evacuation strategy and the facilities firefighters will rely on
- Reflect current rules, including the second staircase requirement for new residential buildings over 18m
Other documents that must align
A Gateway 2 application also includes a building regulations compliance statement, competence declarations, a construction control plan, a fire and emergency file, and the design package with technical justifications. The fire strategy, the fire and emergency file and the drawings must tell the same story – see Regulation 38 and the fire and emergency file.
How to give yourself the best chance
- Fix the fire strategy before RIBA Stage 4 is complete, not during it
- Run an internal "regulator's eye" review to check every requirement has a clear route to compliance
- Use a single document register so versions don't drift
- Get an independent peer review of the fire strategy for complex or engineered schemes
- Don't submit early to hit a programme date – a rejection costs more time than a short delay
Gateway 2 for work to existing buildings
Gateway 2 also applies to building work in existing higher-risk buildings, including external wall remediation and internal refurbishment – which is why those categories show long median decision times. The government has been looking at how to make the regime more proportionate:
- From 1 September 2026, certain Gateway 2 requirements were dispensed with for fibre-optic cabling and for mobile masts on higher-risk building rooftops
- The government has said it's minded to exclude most work within individual flats from the full Gateway 2 process, subject to further changes in law
- A consultation on emergency and critical works routes ran until 3 September 2026
For remediation projects, the fire strategy for the works needs to explain how residents stay safe during construction, not just the finished design.
Our fire strategy reports and Building Safety Act support cover Gateway 2 applications for new buildings, conversions and remediation projects.
How we can help
We match each project to a qualified specialist and confirm the scope, the named professional and a fixed fee before you commit.
Sources
- The Building Safety Act – Gateway 2 timescales in 2026
- Walker Morris – How to successfully apply for Gateway 2
This guide is general information based on the law and guidance in England as at 8 November 2026. It isn't legal advice – for advice on a specific building, get in touch.