By early 2026, the Building Safety Regulator (BSR) had become the largest building control authority in England, yet new data shows that out of 158 Gateway 3 completion applications submitted that year, 55 took more than three months to get a decision, with one case waiting 550 days. That means if you’re buying into a newly built higher-risk building, the final safety sign-off could be delayed by well over a year, leaving you in legal limbo about whether the property actually meets the required standards.
I’ve been following building safety regulation in the UK for years now, and the pace of change since the Grenfell Tower Inquiry Phase 2 report in September 2024 has been unlike anything I’ve seen. The questions I hear most from buyers are simple ones: “How do I know this building is safe?” and “What happens if it isn’t?” The answers have shifted dramatically with the Building Safety Act 2022 and the creation of the BSR, but the system is still catching up with itself. Here’s what you actually need to know.
How the new building safety gateway system works
The most important thing to understand is that the old system of building control approvals has been replaced by a three-stage process that applies to all higher-risk buildings — generally those over 18 metres or seven storeys. You cannot legally occupy a new higher-risk building without a Gateway 3 Completion Certificate from the BSR. That certificate is the final proof that the building meets fire safety and structural standards.
Gateway 1 happens at the planning stage. Gateway 2 is where the BSR reviews the full design and construction proposals before any work begins. Gateway 3 is the final check — the BSR must confirm the building has been built as approved and is safe to occupy. If I were buying a flat in a new development, I’d want written confirmation that Gateway 3 has been issued before I exchanged contracts. Without it, you’re buying a building that hasn’t been legally signed off.
Why the backlog matters for buyers right now
The numbers tell a frustrating story. The BSR’s own Innovation Unit, launched in August 2025, brought approval times down from 37 weeks to 12 weeks for new cases. That’s real progress. But the old cases still in the system, plus the sheer volume of applications, mean that 44 schemes remained undecided more than three months after submission in 2025, with the longest wait hitting 550 days. If you’re buying off-plan or into a recently completed development, that delay could land on your doorstep.
Consider this scenario: you’ve found a flat in a 12-storey block that was finished six months ago. The developer says completion is “imminent.” But the BSR hasn’t issued Gateway 3 yet. Your mortgage lender may refuse to release funds without that certificate. Your solicitor should be flagging this, but not all of them are up to speed on the new regime. I’ve seen cases where buyers were told “it’s just paperwork” — only to discover the building had unresolved fire safety issues that needed remediation before the certificate could be issued.
What I’d do in this situation: ask your solicitor to request a copy of the BSR application reference number and check the status directly. The BSR publishes guidance on how to do this. If the developer can’t or won’t provide the reference, that’s a red flag worth taking seriously.
Where buyers and leaseholders get caught out
The most common mistake I see is assuming that because a building is new, it’s automatically safe. The Grenfell Tower Inquiry made clear that systemic failures existed across the construction industry — not just in older buildings. New builds can and do have safety issues, and the gateway system is designed to catch them before anyone moves in. But if you don’t check, you won’t know.
Assuming “completion” means the same thing as “Gateway 3 approval”
Developers sometimes use “practical completion” to mean the building is physically finished. That’s not the same as having a Gateway 3 Completion Certificate from the BSR. Without that certificate, the building hasn’t been legally approved for occupation. Your mortgage offer may be conditional on it. Your lease may even reference it. If you exchange contracts before Gateway 3 is issued, you could be committing to buy a flat you can’t legally move into.
Ignoring the 11-to-18-metre gap
The BSR’s new Remediation Enforcement Unit focuses on buildings over 18 metres with unsafe cladding. Buildings between 11 and 18 metres are handled by local regulators, who may have fewer resources and less expertise. The Remediation Bill announced in the King’s Speech on 13 May 2026 introduces criminal prosecution for anyone who obstructs remediation of buildings over 11 metres — but enforcement is still catching up. If you’re buying in a mid-rise block, don’t assume the same level of scrutiny applies.
Not checking who the dutyholder is
Under the Building Safety Act, every higher-risk building must have an accountable person — usually the landlord or management company — who is legally responsible for safety during occupation. Before you buy, ask who that is and whether they’ve registered the building with the BSR. If they haven’t, that’s a breach of the law. I’d want to know why before I handed over any money.
→ Scroll right to see all columns
| Gateway Stage | What It Covers | Typical Timeline |
|---|---|---|
| Gateway 1 | Planning permission — fire safety considered at design stage | Standard planning timescales |
| Gateway 2 | Building Control Approval — full design and construction review | 12 weeks (Innovation Unit) to 37+ weeks (older cases) |
| Gateway 3 | Completion Certificate — final safety sign-off before occupation | 8 weeks intended; 55 of 158 took >3 months in 2025 |
What you can do to protect yourself when buying
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The good news is that the system is getting stronger. The BSR’s standalone status, the new Remediation Enforcement Unit, and the £70 million investment to train up to 700 additional Registered Building Inspectors all point in the right direction. But the system isn’t perfect yet, and you need to do your own checks. Here’s how.
Verify the Gateway 3 certificate before exchange
This is the single most important step. Ask your solicitor to confirm in writing whether the BSR has issued a Gateway 3 Completion Certificate for the building. If it hasn’t, ask for the application reference number and check the status on the BSR’s portal. If the developer says it’s “in progress,” ask for a timeline in writing. If they can’t give one, consider whether you’re willing to wait indefinitely. A property lawyer who specialises in building safety can help you navigate this — the cost is small compared to the risk of buying into an unapproved building.
Check the building’s registration with the BSR
All higher-risk buildings must be registered with the BSR. You can check this yourself through the government’s online register. If the building isn’t registered, the accountable person is breaking the law. That doesn’t necessarily mean the building is unsafe, but it does mean the legal framework isn’t being followed. I’d want an explanation before proceeding.
Understand the remediation landscape for older buildings
If you’re buying an existing flat in a building over 11 metres, check whether the building has been assessed for unsafe cladding or other fire safety defects. The BSR’s Remediation Enforcement Unit is targeting buildings over 18 metres first, but the new Remediation Bill extends criminal liability to anyone obstructing remediation of buildings over 11 metres. If your building has known issues, ask for the remediation plan and timeline. If there isn’t one, that’s a problem. A carbon monoxide alarm is a sensible purchase for any home, but it won’t fix cladding — that requires legal and regulatory action.
Ask about the accountable person and the safety case report
Every higher-risk building must have an accountable person who maintains a safety case report — a living document that identifies fire and structural risks and explains how they’re managed. Before you buy, ask to see the latest version. If the accountable person can’t produce one, or if the report is out of date, that’s a warning sign. The essential considerations when buying a house in the UK now include building safety compliance as a standard due diligence item — don’t skip it.
- 1Confirm Gateway 3 statusAsk your solicitor to verify whether the BSR has issued a Completion Certificate. If not, get the application reference and check the BSR portal.
- 2Check BSR registrationSearch the online register to confirm the building is registered. If it isn’t, the accountable person is in breach of the law.
- 3Review the safety case reportRequest the latest safety case report from the accountable person. It should identify all fire and structural risks and how they’re managed.
- 4Check for remediation plansIf the building is over 11 metres, ask whether it has been assessed for unsafe cladding. If issues exist, request the remediation timeline in writing.
What’s coming next — and why it matters for your purchase
The regulatory landscape is still shifting. The government’s Single Construction Regulator prospectus, published in December 2025, proposes new accreditation for fire risk assessors and principal contractors working on higher-risk buildings. A consultation on improving proportionality in the categorisation of higher-risk building work closed on 28 May 2026, and the government response is expected in Summer 2026. The BSR is also exploring a self-certification scheme for fire door installation — which could affect both new builds and existing buildings. If you’re buying now, these changes may not affect your immediate transaction, but they will affect the building’s long-term safety management and your ability to sell in future.
Frequently asked questions
Can I move into a new flat before Gateway 3 is issued? ▾
What happens if my building’s Gateway 3 application is stuck in the backlog? ▾
Does the gateway system apply to buildings under 18 metres? ▾
Who is the accountable person, and how do I find them? ▾
What should I do if my building has unsafe cladding but no remediation plan? ▾
The building safety landscape has changed more in the last two years than in the previous two decades. The gateway system, the independent BSR, and the coming Remediation Bill all point toward a future where unsafe buildings are the exception, not the norm. But that future isn’t here yet. If you’re buying now, your best protection is to ask the right questions before you commit — and to get the answers in writing. If this was useful, you might also want to read understanding property deed restrictions before you buy.
Sources and Further Reading
Should you buy a fixer-upper? A realistic UK home buying guide — Practical advice on weighing renovation costs against safety compliance requirements in older properties.
Building Safety Regulator strategic plan 2026 to 2027. UK Government, 2026.
Building Safety Act 2026: key developments and what to expect. RWG Goodman, 2026.
Building safety in the UK: a period of significant reform. Charles Russell Speechlys, 2026.
