The Building Safety Regulator's move out of the Health and Safety Executive to become a standalone body does not in itself change the legal Gateway 2 requirements. For higher-risk buildings, building work still cannot start until the Regulator has approved a complete building control application.
What changed
During 2026 the Building Safety Regulator moved out of the Health and Safety Executive to become a standalone body, with fire safety policy now led by the Ministry of Housing, Communities and Local Government. The change is about how the Regulator is organised and run.
What has not changed
The legal requirements for Gateway 2 are set out in regulations, and they still apply. For higher-risk buildings, building work cannot start until the Regulator has approved the building control application. A complete application typically includes:
- full plans and a statement of how the work will comply with the Building Regulations
- a fire and emergency file
- a construction control plan and a change control plan
- a mandatory occurrence reporting plan
- a competence declaration
- arrangements for keeping the golden thread of building information
Our advice
Applications that are incomplete or unclear are the most common cause of delay. Make sure your fire strategy is finished and consistent with the drawings before you submit, and keep an eye on the Regulator's latest guidance, as working practices continue to develop.
This answer is general guidance on the law in England and is not a substitute for advice on your specific premises.