Gateway Two: what planning permission does not cover
Two consents, two regulators, two sets of drawings. The gap between planning permission and Gateway Two building safety approval is where programmes are lost.
Planning permission for a higher-risk building settles whether the development is acceptable in land use terms. It says almost nothing about whether the building can lawfully be constructed. Gateway Two building safety approval is a separate application to the Building Safety Regulator, made before construction starts, and the Regulator assesses whether the design complies with the Building Regulations. Two consents, two regulators, two sets of drawings, and a gap between them that has caught out a great many programmes.
The gap is where the money is lost, so it is worth mapping precisely.
The three gateways and where planning sits
The Building Safety Act 2022 regime applies to higher-risk buildings, meaning buildings of at least 18 metres in height or at least seven storeys that contain two or more residential units, together with care homes and hospitals of that height in the construction phase.
Gateway One sits inside the planning system. For relevant buildings, a Fire Statement accompanies the planning application under article 9A of the Development Management Procedure Order 2015, and the Health and Safety Executive is a statutory consultee on fire safety matters relating to the land use and site layout. It asks questions about access for fire appliances, water supplies, the siting of the building and the principles of the fire strategy.
Gateway Two is the building control approval application, submitted to the Building Safety Regulator before construction work starts. The Regulator becomes the building control body for the whole project.
Gateway Three is the completion certificate application at the end of construction, and the building must also be registered before occupation.
Only the first of those is a planning process. The other two are building control, and the fact that both sit with a national regulator rather than a local authority changes the practical experience of them completely.
What Gateway Two approves
The Gateway Two application asks the Regulator to approve the design against the Building Regulations for the whole building rather than the fire safety elements alone. Structure, fire safety, means of escape, ventilation, drainage, accessibility and energy all sit within it.
The submission is substantially more developed than a planning application. It includes the full design, the fire and emergency file, a construction control plan, a change control plan, a mandatory occurrence reporting plan and details of the competence of the people involved.
There is a statutory determination period, longer for new higher-risk buildings than for work to existing ones, and the Regulator can stop the clock by requesting further information. Published performance has been a live issue since the regime started, so check the current position rather than programming from a number in an old article.
The consequence for a developer is that Gateway Two is a design completion milestone dressed as a consent. A scheme that reached planning permission at concept stage cannot go to Gateway Two without the intervening design work being finished and coordinated.
Design changes between the two consents
Here is the sequencing problem in its simplest form. The design that satisfies the Regulator is more developed than the design that got planning permission, and developing it changes things.
Common changes include the position and size of cores, the addition of a second stair, external wall build-ups and therefore overall thickness and window reveals, plant locations, riser sizes, balcony construction and the material palette. Several of those are visible from outside, and visible changes engage the planning permission.
Three routes exist, and choosing the wrong one costs months.
| Change | Usual planning route |
|---|---|
| Trivial and non-material | Non-material amendment under section 96A |
| Material but within the same development | Variation of condition under section 73, usually the approved drawings condition |
| Beyond what section 73 can achieve, or altering the description of development | Fresh planning application |
Section 73 has limits. It cannot be used to change the description of development, and a change that would produce a different scheme in substance belongs in a new application. Adding a second stair to a residential tower is frequently a section 73 matter rather than a non-material one, because it moves the facade and alters the unit mix.
Programme the planning amendment alongside the Gateway Two submission rather than after it. Running them in sequence adds the full determination period of one to the other.
Change control during construction
Once Gateway Two approval is granted, changes during construction are managed under the change control regime rather than informally on site.
Changes are categorised, with the most serious requiring the Regulator's approval before the work is carried out, others notifiable, and the remainder recorded in the change control log. The categories are defined in the regulations, and the distinction between them is not a matter of judgement on site.
That is a considerable cultural change for contractors used to resolving design queries through a technical submittal. It also interacts with planning, because a change large enough to need the Regulator's approval is often large enough to need a section 73 application, and the two processes run at different speeds.
The Fire Safety Strategy is the document that ties the two together, since it is the reference point for both the Regulator's assessment and the planning fire statement. It is a fire engineering document requiring the necessary professional competence, and an AI-assisted draft is a starting point for that engineer rather than a substitute.
Gateway Three and occupation
At completion, the client applies for a completion certificate. The Regulator inspects, checks the golden thread information, and issues the certificate if satisfied. The building must be registered with the Regulator before residents move in, and occupying an unregistered higher-risk building is an offence.
Practical consequences follow for the programme and the funding. Handover dates cannot be committed to on the basis of practical completion alone, sales completions depend on the certificate, and the golden thread information has to have been maintained throughout construction rather than assembled at the end.
Planning conditions that clash with the gateway process
Two categories of planning condition cause friction.
Conditions requiring approval of details before work starts, where those details are also part of the Gateway Two submission, such as external materials or the construction management plan, create a sequencing problem where the local planning authority and the Regulator each want to see a version of the same information at a different level of development.
Conditions requiring compliance with drawings that Gateway Two will change are the second. Where the approved drawings condition lists drawings that are certain to be superseded, ask the case officer at application stage whether the condition can be drafted to accommodate technical development, or plan for the section 73 at the outset.
Raise both at the pre-application stage. Officers dealing with tall residential buildings are increasingly familiar with the problem, and a condition drafted with the gateway process in mind costs nothing at the time and saves an application later.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. For specialist technical reports, qualified professional input may be required.
This is general guidance, not legal advice. Check the position with your local planning authority, the Building Safety Regulator or a qualified professional before relying on it. Enter your postcode on PlanScope to see which reports a site is likely to need.
Frequently asked questions
What is a higher-risk building?
Under the Building Safety Act 2022 regime it means a building at least 18 metres in height or with at least seven storeys that contains two or more residential units, together with care homes and hospitals meeting that height during the construction phase. Crossing the threshold by adding storeys to an existing block brings the building into the regime.
What does Gateway Two approve?
The design of the whole building against the Building Regulations rather than fire safety alone. Structure, means of escape, ventilation, drainage, accessibility and energy are all within scope. The submission includes the developed design, a construction control plan, a change control plan, a mandatory occurrence reporting plan and competence information for the team.
How long does Gateway Two take?
There is a statutory determination period, longer for new higher-risk buildings than for work to existing ones, and the Building Safety Regulator can pause the clock by requesting further information. Actual performance has varied since the regime began, so check current published guidance rather than programming from a remembered figure.
Do design changes for Gateway Two need a new planning permission?
Often they need an amendment. Trivial changes go through a non-material amendment under section 96A, material changes within the same development through a section 73 variation of the approved drawings condition, and anything altering the description of development through a fresh application. Adding a second stair is usually a section 73 matter rather than a non-material one.
Can a building be occupied once construction is finished?
Not until the Building Safety Regulator has issued a completion certificate at Gateway Three and the building has been registered. Occupying an unregistered higher-risk building is an offence. Handover and sales completion dates therefore cannot be committed on practical completion alone, and the golden thread information must have been kept throughout.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.