Why the Building Safety Regulator is slowing down high-rise housing — and what it means
Introduction
In the wake of the Grenfell Tower fire and the subsequent overhaul of building safety regulation in England, the newly empowered Building Safety Regulator (BSR) has taken on major responsibilities. While safety is paramount, the unintended consequence has been a bottleneck in high-rise development — one that could jeopardise the delivery of new homes and raise costs for developers, landlords and ultimately residents.
What’s going wrong?
The gateway system requires multi-stage approval for higher-risk buildings: design (Gateway 1), construction (Gateway 2), and completion (Gateway 3).
Gateway 2 in particular has become a choke point: projects cannot start construction until it is passed. Many firms report that the level of detail demanded is extremely high.
Average approval time has ballooned to ~36 weeks (well above statutory targets).
The BSR is rejecting or returning a high proportion of applications for technical or completeness issues: missing key information, lack of clarity or understanding of new standards.
Companies report that the regulator’s guidance is inconsistent across regions and that pre-submission engagement is weak.
The regulator itself is reported to be under-resourced: staffing levels, technical capacity and clarity around responsibilities are cited as major issues.
The knock-on effect: delays in starting construction, increased holding costs, delayed housing supply — and in the current market, potential for projects to become unviable.
Why it matters
High-rise residential schemes are critical in dense urban areas to meet housing demand. If these are stalled, housing targets become harder to reach.
Developers face higher risk (costs, timelines, financing) which may reduce appetite for new projects or push up costs for residents.
The regulatory regime, while intended to deliver safer buildings, risks creating a paradox: safe buildings delivered too slowly become part of the problem (e.g., less housing, more cost pressure).
Reform efforts are underway, but change takes time — and meanwhile many projects remain in limbo.
Signs of improvement & what to watch
The government announced reforms including: a fast-track process for certain applications, new staff and engineers brought into the BSR, leadership changes and more transparency via quarterly data publications.
New guidance for applicants is expected to help clarify what is required and reduce rejections.
Industry groups are recommending early engagement with the BSR, ensuring complete submissions, and standardising packages to avoid delays.
For housebuilders and investors: watch how many Gateway 2 applications are approved each quarter, average decision times, and how many are delayed due to incomplete or rejected submissions.
Top tips for practitioners
Prepare early: ensure your Gateway 2 submission is fully complete and aligns with current BSR expectations.
Engage with the BSR or specialist advisors ahead of submission to identify any gaps or risks.
Standardise documentation across projects to reduce rework and resubmission risk.
Build in contingency for longer timelines at the Gateway 2 stage — plan for delays in budget, financing and scheduling.
Monitor reform announcements: as the BSR evolves, guidance and expectations may shift rapidly.
Conclusion
Safety in high-rise construction is non-negotiable — the regulatory changes led by the BSR are critically important. But the current bottleneck at Gateway 2 underscores a real and growing risk to housing delivery and commercial viability. Stakeholders who recognise the issues, prepare accordingly and engage early stand the best chance of navigating the new environment effectively. The wider industry and government must ensure that safety and delivery go hand-in-hand.