Guidance on Level of Detail for Gateway Applications

Following on from our earlier article regarding the publishing of new Construction Leadership Council guidance (“CLC”), this article takes a closer look at the guidance in relation to level of detail required for Gateway applications.

The new building safety regime brought about fundamental change in the principles underlying building control approval; applications are now required to provide significant design information before construction begins – which is aimed at tackling historic issues with designs lacking evidence of compliance with the functional requirements of Building Regulations. 

However, the issue of level of detail remains a significant one; it was recently reportedly that around 40% of applications had failed to meet Gateway 2 requirements and a further 35% was missing key, basic information. The deputy director of the Health and Safety Executive recently indicated that applicants still do not fully understand what is expected of them.

Therefore, it is clear that the construction industry still required additional guidance.

Guidance Note 002 (“GN02”) is a short statement that takes a step to provide that guidance. It states that applications must ‘provide quality detailed information that clearly and comprehensively demonstrates how the design and construction of the HRB will comply with the Building Regulations’. So, while generally applicants will need to be supplying more design information, this does not necessarily mean that every single detail must finalised at the point the application is made. 

Design sufficiency is required, but only to the point where performance to the functional requirements of the Building Regulations can be confirmed. The specifying of particular products and absolute finalised drawings/documents is not required for compliance. GN02 notes that this is ‘eminently possible’, particularly where several manufacturers have products that might achieve appropriate compliance in the circumstances. 

Additionally, in accordance with Regulation 7(2)(b) and 15(2)(b) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and the Government Guidance (published in March 2025), GN02 notes that a building control approval application can seek ‘approval with requirements’ such that granular details of design can still be developed during the construction phase of the project (much like approval with conditions under the old regime).

Approval with requirements is detailed in Guidance Note 03 (”GN03”) and it notes that this provides some flexibility but would not be appropriate in all circumstances. It allows applications with ‘minor’ omissions in design to receive approval. 

While this mechanism has not changed in substance from the previous regime, the intended use is significantly different. Building Control authorities will not use the procedure to effectively provide an applicant with a specification for compliance; this is not their role. An application will also need to be accompanied by a comprehensive proposal that demonstrates that the applicant can ensure compliance, and will achieve it, and that full details are be provided at a later date – it is not a mechanism to bypass approval requirements, but rather to allow compliant construction to begin, with design of matters relevant later in the project timeline to be agreed with the BSR at a future date.

In a move to show “what good looks like”, Guidance Note 04 (“GN04”), and accompanying annex, set out the ‘baseline’ of design information that should be included in an application. For example, the Application Information Schedule (a precedent document to assist with navigation information required for Gateway applications) notes that an application would require documents such as internal wall type drawings and typical fire penetration details; however, a full pack of firestopping penetration details could be provided in accordance with the ‘approval with requirements’ procedure. Similarly, sub-structure general arrangement drawings and structural details will be required for Gateway 2, but the level of detail required in specialist waterproofing details and reinforcement drawings would not necessarily be a bar to obtaining initial approval.

This suite of CLC guidance notes and annexes provide a significantly higher level of detail than the previously available online guidance and will be a welcomed addition by many applicants. While this guidance is non-binding, it was produced in collaboration with the Building Safety Regulator and, as such, should be considered mandatory reading for those looking to make Gateway applications.

For more information on the guidance, or Gateway process or the higher-risk building safety regime contact our Construction team.