By Marcus Hale · Published 29 May 2026 · 3 min read
The Building Safety Regulator has publicly acknowledged significant delays in processing Gateway 3 applications and committed to improving turnaround times for the construction sector. Speaking at the UK Real Estate Investment and Infrastructure Forum on 28 May 2026, acting chief executive Charlie Pugsley confirmed the regulator is currently missing its statutory eight-week target for higher-risk buildings.
Background
Under the Building Safety Act, developers cannot legally occupy a higher-risk building until the BSR signs off the completion certificate at Gateway 3. Freedom of Information data recently obtained by subcontractor platform Onetrace revealed that in the 12 months to March 2026, these applications took an average of 14.3 weeks to process. While this represents a delay against the target, Pugsley noted that historical processing times for wider BSR decisions had previously peaked at over 50 weeks. Approval rates across the gateways have now climbed to 73 per cent.
Industry implications
The six-week lag beyond the statutory target poses severe financial risks for principal contractors and developers. Delayed handovers mean extended site preliminaries, tied-up capital, and potential penalties under liquidated damages clauses if completion dates slip. It also creates logistical headaches for client handover and residential occupation scheduling, forcing project teams to build contingency buffers into their practical completion programmes.
What contractors should do now
Principal contractors must ensure their golden thread documentation is immaculate before submitting a Gateway 3 application. Incomplete or poorly evidenced safety cases are a primary cause of rejection and subsequent delay. Firms should programme a minimum 15-week buffer for Gateway 3 clearance into their master schedules and manage client expectations regarding occupation dates early in the build phase.
Analysis
The BSR is undergoing a major transition. Having formally separated from the Health and Safety Executive in January 2026 to become a standalone body, the regulator is under pressure to balance rigorous safety scrutiny with commercial viability for developers. The admission by the acting chief executive shows a welcome transparency, but it also highlights the administrative strain the new regime has placed on regulatory resources.
What happens next
The BSR has stated its intention to provide the sector with greater certainty. "We need to work hard to make gateway three work," Pugsley told the forum. As the regulator settles into its new independent structure, contractors will be watching closely to see if the promised operational resets and newly introduced innovation units can bring processing times down to the eight-week legal target by the end of 2026.
Sources
- Construction Enquirer — Construction Enquirer
- Building Safety Regulator — GOV.UK
