Mastering the Building Control Regulations: A Guide to Achieving Cat A & B Approval with the BSR
Published: 20/02/2025
The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 introduced significant changes to how Building Regulations approvals are obtained for higher-risk buildings. These regulations, which came into effect on 1st October 2023 as part of the wider Building Safety Act framework, also amended the Building Act 1984.
A key change is that the Building Safety Regulator (BSR) is now the building control authority for all higher-risk buildings. The regulations apply to both new and existing buildings, requiring all work on higher-risk buildings (HRBs) to go through a detailed application process via BSR’s Gateways 2 and 3.
The regulator faces growing delays of up to 20–35 weeks in processing applications for refurbishment works, significantly impacting building owners' timescales and budgets. There is a backlog of 800 higher-risk buildings (HRBs), with 641 related to remediation works. Given this substantial backlog and the fact that 70% of applications are being rejected, building owners must work with an experienced consultancy. A well-prepared, high-quality application that demonstrates compliance with all required building regulations is essential to improving approval success rates.
Full compliance is essential for commercial and residential property owners to avoid costly delays, penalties, or enforcement actions. The new system requires:
- A Gateway 2 application before work begins, including full details of the proposed works.
- A Gateway 3 application, prior to occupation, must include ‘Golden Thread’ documentation detailing the as-built work undertaken.
A further key change is that applications must be reviewed holistically, in the context of the wider building or development, meaning some required documentation will relate to the overall site, not just the specific area of work.
At Harris Associates, our team has extensive experience guiding clients through this complex process. We offer practical, regulation-based advice and even though the process is relatively new, we have successfully assisted numerous clients in preparing and submitting applications. If you need support with your BSR submissions for Building Control, get in touch we are here to help.
Understanding Category A and Category B Works
Under the new regulations, Category A and B works apply to existing higher-risk buildings.
Category A Works: These involve changes affecting structural or fire safety, such as:
- Altering the number of storeys or flats.
- Changing the external height or width.
- Modifying external walls.
- Altering internal layouts.
- Changing the number or width of staircases and escape routes.
- Affecting passive or active fire safety measures.
- Works in common parts, including external walls.
Category B Works: These include works that do not fall under Category A, except for scheme work, exempt work, or emergency works. Even these require regulatory oversight to ensure building safety is not compromised.
Both categories require detailed submissions to the BSR, including comprehensive technical reports, fire risk assessments, structural surveys, and compliance documentation.
How Harris Associates Can Assist with Category A and B Applications
Our consultancy offers comprehensive services to help clients navigate the new building control regime:
Pre-Application Advice & Strategic Planning
- We assess whether your project falls under Category A or B.
- Conduct thorough building surveys and risk assessments.
- Identify compliance requirements and tailor a strategy to minimise delays.
Case Study: We have recently assisted one of our clients in preparing fire safety and structural assessment reports aligned with BSR expectations, ensuring a smooth Gateway 2 submission.
Gateway Submission Support
For Category A works, we support the entire submission process, including:
- Preparing detailed technical reports covering fire safety, structural integrity, and compliance.
- Coordinating with the design team, contractors, fire engineers, and other professionals to ensure robust documentation.
Case Study: Last year we guided a client through Gateway 2 documentation for a major refurbishment and later supported them in obtaining Gateway 3 post-construction certification, securing timely BSR approval.
Financial Oversight & Cost Management
Our quantity surveyors provide vital cost planning and risk assessment services which include:
- Budget forecasting and cost planning.
- Risk assessment to manage compliance-related expenses.
- Strategies to mitigate financial risks.
Case Study: Our team successfully helped a client execute fire compartmentation and safety upgrades within budget constraints.
Ongoing Compliance and Post-Construction Certification
Compliance doesn’t end with project approval. After completion, our consultancy continues to support you by:
- Ensuring completed works match approved specifications.
- Assisting with Gateway 3 post-construction certification, including compiling ‘as-built’ records and final safety reports.
Our structured approach ensures efficient project management from initial planning to final certification, keeping you fully compliant with the new regulations.
The Benefits of Working with Harris Associates
By partnering with Harris Associates, you benefit from:
- Expert guidance throughout the entire application process: Our multidisciplinary team ensures that every aspect of your project complies with current legislation.
- Minimised delays and reduced risk: Our proactive planning and comprehensive documentation help to prevent costly setbacks.
- Optimised project costs: Our financial oversight services ensure that your project remains within budget while meeting all regulatory requirements.
- A proven track record: Our past successes, such as assisting clients with major refurbishment projects and achieving full BSR approval, underline our capability and commitment to quality.
Navigating the building control application process under The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 requires specialist knowledge and a coordinated approach. We have a dedicated team of experts in statutory compliance who will ensure that your project meets regulatory requirements. For building owners and managers, collaborating with an experienced consultancy like Harris Associates can streamline the BSR application process, to help safeguard your investments and enable your projects to proceed smoothly.