Safety Regulator Blocking High-Rise Residential Construction Starts

The Building Safety Regulator (BSR) has recently come in for criticism for being slow and unresponsive, causing delays to construction starts on more than 800 high-rise residential new-build and upgrade projects.  This has led to widespread calls for them to immediately review processes, procedures and guidance to prevent further uncertainty and longer delays to construction starts of higher-risk projects.  

The BSR is a division of the Health and Safety Executive (HSE) and was established under the Building Safety Act 2022 in response to the Grenfell Tower fire. Its purpose is to safeguard the design and construction of higher-risk buildings (HRBs) through their higher-risk building regime.

Consequently, developers can no longer select their own building control body for HRBs, including new residential buildings exceeding 18 metres or seven storeys and hospitals and care homes that meet the same height criteria. BSR functions strictly as a regulatory authority, ensuring compliance without providing consultation services.

The higher-risk building regime consists of three ‘gateway’ points, deemed as critical ‘hold points’:

Gateway 1: Planning approval – ensuring fire safety is part of planning permission

Gateway 2: Construction approval – where work can only start after BSR building  control approval

Gateway 3: Completion approval – where the higher-risk building must pass BSR checks before occupancy.

The lack of consultation support available from the regulator and the time it takes to get approvals is causing issues for many developers, who must now apply to BSR for building control approval before beginning work on any high-rise residential building.

Construction Enquirer reported that over 800 high-rise residential projects, both new-builds and retrofits, are currently stuck at Gateway 2 level, navigating challenges related to BSR design checks, stating that there is ‘growing momentum within the industry calling for the HSE to address these issues and streamline the process for the future’.

Developers are struggling with unclear submission requirements, limited pre-submission consultation, and poor communication from the regulator.  It is supposed to take 12 weeks for the regulator to sign off on a Gateway 2 application.

Another developer highlighted widespread confusion over the design requirements for Gateway 2 applications, stating that: “Some say RIBA Stage 4 design is needed, then we’re told it must be full construction issue works detail. There seems to be little understanding of how the industry operates. Meeting these requirements would require a fundamental shift in industry procurement models, effectively forcing all specialist contractor designs to be finalised before construction begins.” 

As a result, some developers are reportedly considering lowering the height of planned projects to get around the regulatory process.

Peter Richardson, Managing Director, Build-Zone said: “Unfortunately, we—along with other Structural Defects providers in the industry—believe this issue will only escalate. The Building Safety Regulator (BSR) is currently understaffed and urgently needs to invest in more qualified personnel. While the Building Safety Act was a crucial step in addressing the failures highlighted by the Grenfell tragedy, its implementation appears to have overlooked the significant strain it would place on HSE resources.”

Developers could consider a more proactive and strategic approach to compliance to overcome the delays and uncertainty surrounding Gateway 2 approvals under the Building Safety Regulator (BSR). One possible solution is early engagement with the BSR, ensuring all information required is prepared to the highest possible standard before submission. While pre-submission consultation with the regulator may be limited, developers can mitigate this by seeking external expert advice from building control specialists, fire safety consultants, and legal professionals experienced in navigating regulatory frameworks. Clear and comprehensive submissions, aligned with the most stringent interpretation of the requirements, can help ‘tick the necessary boxes’, minimise back-and-forth queries and reduce approval times.

There’s also the notion that developers could adapt their procurement and design processes to align more closely with the BSR’s expectations. Moving towards an approach where detailed design work, including specialist contractor input, is completed much earlier in the project lifecycle could prevent approval ‘bottlenecks’.

Collaborative working between design teams, contractors, and regulatory experts from the outset will help Gateway 2 applications meet the necessary standards without delays caused by design discrepancies.

In parallel, industry bodies and developers should collectively push for more precise guidance from the BSR, pushing for greater transparency and more structured pre-application discussions to streamline the approval process. By combining these strategic adjustments with persistent industry dialogue, developers can work towards overcoming the current blockages and ensure a more predictable pathway to construction approval.

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References:

Construction Enquirer * https://www.constructionenquirer.com/2025/01/30/over-800-high-rise-resi-jobs-stalled-by-safety-regulator/

https://buildingsafety.campaign.gov.uk/wp-content/uploads/sites/157/2024/12/24_041-BCA-FAQ-Explainer-2024-Dec.pdf

https://www.projectfoursafety.com/building-safety-act-threatens-to-undermine-labours-housing-ambitions/

BSR. https://www.buildingengineer.org.uk/news/bsr