The results of a Freedom of Information (FOI) request have revealed that the Building Safety Regulator (BSR) has approved 14% of developers' remediation plans.
Submitted by the Fire Industry Association (FIA) and reported on by Inside Housing, the FOI request reflects data captured between 1 October 2023 and 16 September 2024. During this period, 1,018 Gateway 2 applications were received, but only 146 were signed off by the BSR as ‘compliant’, meaning that construction work could begin on site.
The FOI results also revealed that 25 applications for Gateway 2 had been rejected while the status of the remaining 847 was unknown.
In a LinkedIn post, Jon Pagan, Chair of the FIA’s Fire Engineering Council, explained: “That data includes applications for new buildings and for work on existing buildings, and we don't know the breakdown between those. But we do know from previous responses from the BSR that the majority of applications have been for work on existing buildings, which should be much simpler than applications for new buildings.”
The FOI data suggests that on average, only 14% of applications are being signed off by the regulator each year, with some industry professionals expressing their concerns over the “delays in processing”. As the building control authority for higher-risk buildings (HRBs), the BSR’s gateways 2 and 3 act as ‘hold points’ for applicants. For Gateway 2, developers are unable to proceed until the regulator is satisfied that the design meets the functional requirements of the building regulations. It means a “rigorous inspection of building regulations” at each stage of the design and construction process.
“Introducing a new process for HRBs that requires approval before work can start on site will solve various problems, but it would inherently mean a hiatus in starts on site. That's inevitable. But the problem is that the approval process that's been developed is so impractical, that the hiatus is going to be much, much longer than was really necessary,” Jon added on LinkedIn.
Earlier this year, the BSR offered some clarifications on the design requirements for satisfying Gateway 2 of the application process during a series of Q&A sessions for building designers and developers.
A spokesperson for the BSR confirmed to Inside Housing that it is continuing to identify areas where it can “stabilise and improve the new building control approval process for higher-risk buildings”.
“Operational contingency measures were immediately put in place following an unexpected increase in applications, which led to some delays in processing. While, in part, this backlog has been due to an unexpected increase in applications coming into the BSR, we are also experiencing high numbers of applications which are incomplete or unclear, making them unsuitable for approval,” the spokesperson said.
“As of 16 September, the BSR has received 808 applications for building control approval on higher-risk building projects. Over 40% of these have been invalidated or rejected as they were either incomplete or failed to demonstrate full compliance with building regulations.
“Applications that are invalidated and rejected still require much of the same process and resources as those which are validated and approved. Clear and comprehensive applications enable us to make informed decisions more quickly, reducing the risk of delays, and ensuring compliance with building control standards.
“[Applicants] should ensure they read and follow the guidance already issued by the BSR, and to take professional advice where necessary to ensure their applications are of sufficient quality.
“We are in contact with applicants whose applications have been validated, to keep them updated on the progress of their case.
“We are also working closely with industry to identify areas where we can strengthen our advice and guidance for applicants to encourage high-quality applications that fully comply with building regulations.”
An overview of the BSR’s building control regime can be found here.