The Gateway Process Demystified: A Vital Guide for Commercial Property Managers

The Building Safety Act 2022 introduced a new regulatory framework to safeguard the design, construction, and occupation of higher-risk buildings (HRBs). At the heart of this framework lies the Gateway process, a series of rigorous checkpoints designed to ensure compliance and safety across every stage of a building’s lifecycle. For commercial property managers, particularly those overseeing mixed-use developments, understanding this process is essential.

Why the Gateway Process Matters to You

The Gateway process isn't just another regulatory requirement—it’s a safeguard for property owners, tenants, and asset managers. Non-compliance can result in delays, penalties, and reputational damage. By engaging early and understanding the specifics, you can avoid costly pitfalls and ensure your properties meet the highest safety standards.

What is a Higher-Risk Building (HRB)?

Higher-Risk Buildings fall under stricter regulations if they meet these criteria:

• Height: At least 18 metres or 7 storeys.
• Usage: Include at least 2 residential units, or are hospitals or care homes.

Notably excluded from the HRB regime are:

• Hotels, military barracks, and secure residential institutions.
• Ministry of Defence accommodation and specific defence-related buildings.

Key takeaway: If your commercial building has residential components or qualifies as an HRB, you’re subject to the Gateway process.

Breaking Down the Three Gateways

1. Gateway One – Planning Permission Stage
   The Gateway process begins at the planning stage. This stage focuses on fire safety considerations integrated into the planning application for new builds or major refurbishments. Key scenarios include:

• Material changes of use: E.g., converting office spaces to residential flats.
• Significant structural changes: Increasing building height or altering critical safety features.

Routine maintenance or refurbishments without structural impact (e.g., aesthetic updates) are generally exempt. Proactive engagement with planners and safety consultants at this stage is essential to avoid delays.

2. Gateway Two – Pre-Construction Stage
   This stage requires a detailed Building Control Approval application to the Building Safety Regulator (BSR). Approval must be secured before construction or refurbishment work begins, with a 12-week determination period.

Documentation required at this stage includes:

• Competence declaration: Verifies that project teams are qualified to carry out the work.
• Construction control and change control plans: Outline how the project will adhere to safety standards.
• Mandatory occurrence reporting: Plans for identifying and reporting safety issues.
• Fire and emergency file: A critical document if partial occupation is proposed before project completion.

For property managers: Even internal refurbishments (e.g., replacing fixtures) may trigger Gateway 2 requirements if they impact fire safety or structural integrity. Ensure collaboration with principal designers and contractors to navigate this stage.

3. Gateway Three – Completion Stage
   The final stage involves the Golden Thread of Information—a comprehensive digital record of the building’s safety details. At this stage, the BSR evaluates whether all safety requirements have been met before issuing a completion certificate.

Key requirements include:

• Updated Safety Case Reports: Particularly relevant for refurbishment projects involving occupied buildings.
• Compliance with regulations: No shortcuts—every element of fire safety, structural integrity, and ongoing maintenance must be documented and approved.

Property managers' role: Ensuring that safety-critical information is handed over to building occupants and that operational protocols are followed once the building is occupied.

Key Responsibilities and Enforcement Mechanisms

The Gateway process assigns specific responsibilities to duty holders, including building owners, principal designers, and contractors. These individuals must:

• Submit the required documentation at each stage.
• Demonstrate compliance with fire safety and structural standards.
• Ensure proper communication and documentation flow.

The Building Safety Regulator (BSR) oversees the entire process. Non-compliance activates a “Hard Stop” mechanism, preventing further progress in the project until all requirements are satisfied. This mechanism enforces accountability and prioritises safety.

Implications for Commercial Property Managers

For property managers, particularly those overseeing mixed-use or high-rise buildings, the Gateway process represents a significant shift in accountability. Here’s how you can adapt:

1. Proactively Engage with Duty Holders
   Collaborate with project teams, contractors, and consultants from the outset. Early engagement reduces the risk of missed deadlines or non-compliance.
2. Understand Documentation Requirements
   Familiarise yourself with the extensive documentation needed, such as fire safety plans, construction control plans, and mandatory reporting protocols. This ensures you can oversee and facilitate timely submissions.
3. Prepare for Ongoing Compliance
   The Gateway process doesn’t end with construction. Ongoing inspections, updates to safety reports, and ensuring the Golden Thread remains accurate are critical to maintaining compliance.
4. Stay Ahead of Regulatory Changes
   The Building Safety Act is part of a broader shift toward more stringent safety regulations. Property managers who stay informed and adapt quickly will gain a competitive edge in the market.

The Gateway process is more than a regulatory hurdle—it’s a framework for ensuring that buildings are safer, more sustainable, and more resilient. By fully embracing these requirements, commercial property managers can not only ensure compliance but also reinforce trust with tenants and stakeholders.

How Tetra Can Help Commercial Property Owners

At Tetra, we’re proud of our track record in helping building owners maintain compliance and improve their building safety measures. With our years of experience working with both residential and commercial properties, we’re uniquely positioned to support commercial property managers in adapting to these changes.

Whether it’s ensuring fire safety strategies are up to date, selecting competent fire risk assessors, or maintaining a comprehensive Golden Thread of information, Tetra’s team of directly employed, fully qualified experts is here to assist. Our hands-on approach and close collaboration with Regulatory bodies mean we can provide tailored solutions to help you navigate this shifting landscape with confidence.

Take Action Now

If you’re a commercial property owner or manager, now is the time to review your safety practices and ensure your properties are prepared for the evolving regulatory standards.

Get in touch with Tetra Consulting today to learn more about how we can help you stay compliant, improve safety, and future-proof your property management strategies.