The Building Safety Act
Contractors wary of regulator approval risk and critical of design quality at tender stage
Our key findings
of contractors are not willing to take responsibility for securing Building Safety Regulator approval for higher-risk buildings at Gateway 3.
of contractors on higher-risk buildings are not willing to take responsibility for Gateway 3 timescales for approval from the Building Safety Regulator.
of contractors think that the Building Safety Act has led to an increase in the quality of design information at procurement stage.
of contractors do not think that the Building Safety Act has led to an increase in the quality of design information at procurement stage.
“The client team spend a significant amount of time pulling together a tender where critical requirements of the delivery are uncoordinated.”
National contractor
Gateway approvals
Contractors were asked to consider Gateway 2 (pre-construction) and Gateway 3 (completion) approvals for Higher-Risk Buildings and their attitude to making submissions and the risk involved.

▉ We will take responsiblity for securing regulation approval ▉ We will make submissions but not be held responsible for regulator timescales for approval ▉ We will make submissions but not be held responsible for regulation approval ▉ We will make submissions but not take responsibility ▉ We will not make submissions
What it means for projects
Contractors are clearly reacting to industry anecdotes, reported statistics and their own experiences in shunning the risk of gateway submissions.
A good procurement strategy for a higher-risk building is not just about how gateway approval risk is dealt with. The timing and quality of design and the ‘golden thread’ of information at the submission dates will be a factor of the timescales allowed to produce them, the scoping of responsibilities and how well processes are monitored.
Problems occur when the gateways loom into view as a cliff rather than a summit approached by a gentle incline.
What it means for client outcomes
While the industry is reeling at the speed and ease of getting through gateways, clients may take some comfort from the fact that the Building Safety Act may provide a safer building of higher quality that may be more attractive to tenants and/or easier to sell.
While the criticism of design from contractors may not be entirely new, clients may be able to do more to set up design teams to deliver more effective and coordinated design.


Although we have come a long way in terms of understanding the importance of building safety, we need to work hard on the cultural change to implement it properly. The industry needs to reflect on how project teams can confidently navigate the new regime and new responsibilities, with assurance in what we design and build at the centre.

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