When Undertaking Works to Existing HBR’s
The introduction of the Building Safety Act, The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and the establishment of the Building Safety Regulator (BSR) have significantly transformed the regulatory landscape for undertaking works on High-Risk Buildings (HRBs). These changes are aimed at improving safety and ensuring robust oversight, but they have also introduced new challenges for developers, contractors, and building owners alike.
One of the most discussed aspects of the new regime within the construction and property sectors is the complexity and timescales associated with gaining approvals for applications at each Gateway.
When undertaking works to existing HRBs (considered building works under regulation 6 of the building regulations or Category A” or “Category B” work), the first gateway that must be achieved is Gateway 2. This is a critical stage in the approval process, requiring detailed design, fire safety, and risk management information to be submitted to the BSR before construction work can begin. The application must demonstrate compliance with the building regulations and also provide evidence for information sharing along with declarations from the principal duty holders. Navigating the regulatory framework effectively requires a proactive approach, detailed planning, and collaboration with regulatory bodies to ensure compliance and avoid project delays.
Impact to Works on Existing HRBs
The impact of the additional information required and the application process to work on existing HRBs should not be underestimated. The impact will vary from project to project, but the key issues to consider on all projects are:
Timescales: Currently the application process is far longer than the previous applications to building control bodies. Along with the production of additional documentation and the demonstration of compliance, the application process, once submitted, can take up to 32 weeks. It is our understanding that the BSR is working to reduce these time scales with additional staffing.
Additional Investigations: There may be a requirement for additional investigations to allow for the specification at the tender stage to fully reflect the works required to demonstrate compliance. Provisional works may hold up gaining approval.
Principal Contractor Appointment: There is a requirement for the principal contractor to be named within the application and for their competence to complete the works in accordance with the building regulations to be confirmed by the principal duty holder. This may require the appointment of the principal contractor prior to having a fixed date for the commencement of the works.
Need to maintain the Golden Thread: There is a need to demonstrate how information will be submitted to stakeholders and maintain the golden thread.
Focus Consulting’s Gateway 2 Approvals
At Focus Consulting, we understand the complexities of the new regulatory environment and have successfully achieved Gateway 2 approval on two separate projects involving remedial works to HRBs. These projects, which address critical safety upgrades, demonstrate our ability to successfully comply with the regulations.
Following approval from the BSR, works on both buildings have commenced. We are now working closely with Regulatory Leads and Registered Building Inspectors (RBIs) to ensure that these projects progress smoothly and adhere to the stringent standards outlined in the regulations. Our ultimate goal is to achieve Gateway 3 approval upon completion, marking the successful delivery of these vital remedial works.
How We Can Help
If you are planning a refurbishment or repair project on an HRB, the application and approval process can be daunting. From preparing and submitting Gateway applications to liaising with regulatory bodies, we can provide expert guidance every step of the way. Our team brings a wealth of experience and a proven track record of working within the new regulatory framework, ensuring that your project complies with the Building Safety Act’s requirements.
Contact us today to learn more about how we can assist with your HRB projects.
Further information – Managing building control approval applications for higher-risk buildings

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