FOI reveals Gateway 3 backlog as higher-risk building approvals stall
Law firm uncovers dozens of completed high-rise schemes waiting months for final sign-off.
18 February 2026
New Freedom of Information data obtained by Irwin Mitchell, one of the UK’s leading law firms, has revealed significant delays at Gateway 3 of the higher-risk building regime, with dozens of completed schemes waiting months for approval before they can be occupied.
While industry debate over the past year has largely focused on delays at Gateway 2, the design-stage approval required before construction begins, the latest figures suggest bottlenecks are also emerging at the final regulatory hurdle.
Under the post-Grenfell building safety framework, higher-risk buildings, generally defined as residential buildings at least 18 metres tall or seven storeys and above, must pass through three approval stages overseen by the Building Safety Regulator (BSR). Gateway 3 is required before occupation and is intended to be completed within eight weeks.
However, Irwin Mitchell’s FOI request shows that of 158 Gateway 3 applications submitted last year, 55 took more than three months to receive a decision. A further 44 schemes remain undecided more than three months after submission, with the longest case waiting 550 days for approval.
The data points to a growing logjam in the final sign-off process, leaving completed homes unable to be occupied and developers carrying ongoing finance and holding costs.
The findings come amid wider scrutiny of the BSR, following criticism from a House of Lords committee in December and the regulator’s transition from the Health and Safety Executive to a standalone body. The move is intended to strengthen oversight and pave the way for a single construction regulator, but the latest figures suggest operational challenges remain.
Vijay Bange, national head of construction at Irwin Mitchell, said the firm supported robust regulatory oversight but warned that performance must improve.
He said: “We fully support the need for a strong, independent regulator and recognise the importance of rigorous oversight. But our FOI findings show that the current Gateway 3 process is not delivering decisions within the statutory timeframe.
“Thousands of completed homes are sitting empty for months on end. This is financially damaging for developers and deeply frustrating for residents waiting to move into safe, modern homes.
“The transition to a standalone regulator provides an opportunity for improvement, but the delays we are seeing now are unsustainable. Greater transparency, clearer communication and better resourcing are essential if Gateway 3 is to operate effectively.”
The emerging backlog raises fresh concerns for developers already navigating tighter compliance requirements, increased documentation obligations and extended programme risk under the higher-risk building regime.
Irwin Mitchell is urging government, the BSR and industry stakeholders to work collaboratively to streamline approvals while maintaining the integrity of the safety framework.
The firm will host a seminar on 24 March examining how to navigate the higher-risk building regime across the transaction cycle. Experts from Irwin Mitchell and SOCOTEC Advisory will provide practical guidance on managing Gateway requirements and contrast the process with that for non-higher-risk buildings.
