Expanding pressure on regulatory authorities as the pile of unaddressed safety-related decisions continues to accumulate in the construction sector.
In the United Kingdom, the Building Safety Regulator (BSR) is grappling with a backlog of Gateway 2 applications, a situation that has been ongoing since 2023. According to data published by the BSR, the number of open applications at the end of March 2025 stood at 1,019, a significant increase from the 390 applications between April and June 2024.
The data covers the period from October 2023 to March 2025 and relates to building control approval applications (Gateway 2 applications). Of the 1,089 decisions made during this period, only 29% were made within the relevant determination period. This finding further explains the pressure the BSR is under, as only approximately 275 decisions per quarter are being made.
Neal Anderson, an infrastructure and real estate expert with Pinsent Masons, has suggested that the pressure to both build more homes and remediate existing ones within a short timeframe is contributing to the BSR's struggle to keep up with demand. He has also stated that the figures released by the Building Safety Regulator validate the industry's experiences with the Gateway 2 process.
The data released by the BSR confirms that the regulator is needing some time to understand what it is looking for to approve applications. Of the decisions made, 44% were rejections labeled as "invalid," indicating a need for clarity in the application process.
The UK government's ambitious targets to increase the number of housebuilding and remediation projects may be exacerbating the BSR's challenges with recruiting the necessary experts. Concerns have been raised about the public sector pay, which could hinder the BSR's ability to attract the required talent.
Neal Anderson has stated that the figures further explain the decision by the UK government to move responsibility for the BSR from the Health and Safety Executive to the Ministry of Housing, Communities and Local Government. However, there is no publicly available information specifying which organization had the most open Gateway 2 certification applications in March 2025.
The construction sectors of Advisory & Disputes, Contracts, and Services are relevant to this discussion. The figures were published shortly after the UK government announced sweeping changes for the Building Safety Regulator to address delays in building new high-rise homes. The government has promised additional resources for the BSR to help clear the backlog, but the challenges with public sector pay remain a concern.
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