New Data Following A FOI Request By Irwin Mitchell

The Regulator set up to green light plans to commence the construction and refurbishment of all high-rise residential buildings in England has revealed it’s taking almost half a year on average to each a decision, according to a Freedom of Information (FOI) request by Irwin Mitchell. 

The Building Safety Regulator (BSR) was introduced as part of the Building Safety Act 2022 following the Grenfell Tower tragedy in 2017. It aims to enhance safety and accountability in the construction industry and is tasked with reaching a decision on applications for refurbishment projects on higher-risk buildings within eight weeks. A 12-week deadline applies to new build projects for higher-risk buildings.

In this context, higher-risk buildings include those with at least seven storeys or 18 metres in height and containing two or more residential units. It also extends to hospitals and care homes.

Irwin Mitchell’s FOI request reveals that 1,837 applications to commence higher-risk building work (known as Gateway 2 applications) have been made since the BSR was established in October 2023.

The average time taken for approval was 25 weeks – more than double the timeframe for new builds, and three times the deadline set for refurbishments.

The longest time taken to approve a higher-risk building or Gateway 2 application was 62 weeks.

There are concerns within the construction industry that delays are holding back the sector and could put the government’s housebuilding targets at risk. The importance of the construction sector was highlighted last week when according to the Spring Statement, the Office for Budget Responsibility (OBR) stated that the National Planning Policy Framework (NPPF) reforms alone will add £6.8 billion to the economy by 2029/30.

Expert Opinion

"The safety of our buildings is of paramount importance and we are in full support of what the BSR is aiming to achieve.

“However, these delays are a significant concern for the construction industry, as they increase costs, extend project timelines, and put cash flow at risk. The government has some ambitious housebuilding targets during this current parliament, and it is vital that improvements are made if they want to get close to them.

“We are hopeful that the BSR's efforts to improve efficiency will yield positive results."
Robert Tunningley, construction partner at Irwin Mitchell.

The BSR has cited several reasons for the delays, including staffing issues and process inefficiencies. To address these challenges, the BSR says it has implemented a plan to improve its delivery, which includes recruiting additional personnel, streamlining processes, and dedicating a team to small-scale applications made by residents. Additionally, the BSR is enhancing its multidisciplinary teams, which consist of Registered Building Inspectors, Fire and Rescue Service personnel, and other specialists.

Irwin Mitchell’s construction team will be hosting an event at this year’s UKREiiF in Leeds focussing on the practical realities of navigating through the BSA and the various approval regimes. For more information, please contact Emma Curtis (emma.curtis@irwinmitchell.com)