Gateway 2 cases backlog virtually cleared as government responds to damning Lords report on BSR

The number of legacy gateway 2 cases has been cut to just three, the Building Safety Regulator has said.

In an update published at the end of last week, the body released a slew of figures for the period covering the 12 weeks to 25 February.

The BSR has previously said 91 schemes, covering 21,745 units, had been caught up in the old regime before the system for assessing applications was overhauled last summer.

Now that number has been cut to just a handful although it admitted “18 long-term cases with significant technical challenges having now been transferred to a complex case category”.

It added that overall closed applications continue to exceed previous rates with 639 made, including 273 invalidations. The number of live applications of all categories is 1,212.

New build applications representing 15,178 residential units were received and decisions on 23,197 units issued, with 10,514 approvals. There are currently 31,191 units in live cases.

BSR’s Innovation Unit has made 27 decisions, with 10 in London, during the past 12 weeks. The unit is currently managing 123 new build applications.

But the regulator admitted that it still need to make improvements on remediations schemes that cross its desk.

It said that 86 remediation decisions have been made since December 2025, including 41 in London and 77 new cases received. 279 live cases are now being processed, representing 24,282 units.

But it admitted: “While late 2025 and early 2026 applications are showing an improved picture – averaging around 18 weeks – a high percentage of complex, older remediation cases are taking longer to make decisions on.”

It is said that a remediation improvement plan will be formally announced and introduced over the coming weeks, which it added would include “a targeted package of measures to improve the efficiency, quality and timeliness of remediation applications”.

Charlie Pugsley, acting chief executive Officer of the BSR, said: “We recognise that current determination times are falling short of our targets for remediation. Our Remediation improvement plan, which will be formally announced and rolled out operationally over the coming weeks, will represent a targeted package of focussed measures to reset the system.”

Meanwhile, the government has published its formal response to a damning House of Lords report into the BSR published last December.

Streamlining the approvals process, hiring more building inspectors and cutting out unnecessary red tape are among the recommendations made by peers following an inquiry into the regime.

In its response, government said: “Government and the BSR are acutely aware of the impact gateway delays have on the construction sector. Performance data for Gateway 2 is now published monthly and significant improvements are already apparent.

“We are seeing clear improvements particularly in the handling of new‑build applications. We acknowledge there is further work to be done with industry, particularly to speed up vital cladding remediation. This is a period of significant progress yet there is much more to achieve.”

Baroness Taylor of Bolton, who was chair of the committee at the time of the inquiry, said: “We welcome the Government’s response and we are pleased that the Building Safety Regulator is making progress in improving its performance.

“However, the job is far from done, and we will be looking for both the regulator and the government to continue to work actively to ensure that the remediation of unsafe cladding and the construction of new homes in high-rise buildings can proceed more quickly, while remaining safe.”