Navigating the Gateway 2 applications required by the Building Safety Act can be intense and time-consuming. Here’s a look at what we learned from the process, writes Victoria Millward of Paddock Johnson.

Victoria Millward is a director at Paddock Johnson

Having submitted our first Gateway 2 application to the Building Safety Regulator (BSR) for two new high-risk residential buildings, we are now holding our breath and waiting to see if our interpretation of the new requirements matches the regulator’s expectations.

At Paddock Johnson, we took proactive steps to understand the implications of the Building Safety Act well in advance of October 2023. We have spent countless hours studying the legislation, guidance documents and reports, as well as ‘to participate in courses, webinars and seminars. Despite our efforts, we were surprised to encounter many gray areas and a significant margin of interpretation.

With no pre-application service available from the BSR and email inquiries going unanswered, we often found ourselves in the uncomfortable position of informing our clients that “we just don’t know” or that “it’s not clear” in response to their request. questions regarding the new legislation and its application to their project.

From simple questions about the submission process on the new government website to fundamental strategic questions about how the Gateway 2 process fits into design and construction procurement, the Lack of clarity left our team feeling like guinea pigs navigating a hastily implemented system.

While we wholeheartedly support the aims of the legislative changes and welcome a new era of collaboration and accountability, more guidance on the practicalities of implementation would have been extremely beneficial.

Significant uncertainty remains as to the level of information the BSR will accept to validate and approve a Gateway 2 application, particularly as very few new construction applications have been approved.

Following the introduction of the Building Regulations etc. (Amendment) (England) 2023, the message was simple: applications required fully detailed designs demonstrating compliance with all areas of the Building Regulations. However, this clarity quickly gave way to ambiguity, particularly regarding elements designed by specialist subcontractors, which are generally only finalized once construction has begun and orders have been placed.

As the message softened, he acknowledged that not all details might be available at Gateway 2, but he provided no clarity on what would be deemed acceptable. Some suggested that elements critical to life safety, such as structure and fire safety, be fully detailed and other information could follow. Others have proposed that a performance specification demonstrating compliance might be sufficient, allowing subcontractors’ designs to be addressed through change control applications. Ultimately, the lack of a definitive answer complicated our ability to advise clients on which specialist designs to procure prior to the main contract.

Throughout the preparation of our Gateway 2 application, our team spent significant time discussing requirements, sharing information about the legislation and deliberating on the implications for the project at each stage.

While the lack of clear direction was frustrating, it may have inadvertently fostered greater collaboration, communication, and coordination among team members that would not have occurred otherwise. Perhaps that was the intention all along: to encourage teams to work together to overcome uncertainty.

Now that we have reached this milestone, we take the time to reflect on our experiences and lessons learned for the future:

1. Allocate sufficient time and resources: Compiling a Gateway 2 application requires significantly more effort compared to a standard building regulations application.
2. Coordination is essential: More coordination time is required in Step 4. Designs should be coordinated at the construction issue level to minimize the risk of change control applications after Gateway 2 approval.
3. Initiate discussions early: Begin early discussions on additional required documents, such as the Declaration of Competence, Construction Control Plan and Mandatory Event Reporting Plan, as these are substantial commitments requiring input from all parties responsible and should be dynamic documents that evolve throughout the process.
4. Ask more questions: Be prepared to challenge other designers, asking for more details to ensure solid evidence of the path to compliance, don’t assume anything!

By reflecting on these experiences, we aim to better manage the complexities of future applications and continue to effectively support our customers.

Email Victoria: [email protected]