Thousands of completed homes are sitting unoccupied due to the Building Safety Regulator’s (BSR) Gateway 3 approval process, a freedom of information (FOI) request has revealed.

According to solicitors Irvin Mitchell’s FOI, the emerging issue follows sustained attention on Gateway 2.

Under the building safety regime for higher‑risk buildings, developers must pass through three regulatory gateways overseen by the BSR, with Gateway 2 applying at the design stage, before construction begins, with Gateway 3 the final approval required before a completed building can be occupied. Higher-risk buildings are defined generally as residential buildings at least 18 metres tall or with at least seven stories.

Gateway 3 approvals are intended to be completed within eight weeks, but according to the FOI request, out of 158 applications submitted last year, 55 took more than three months to receive a decision.

The FOI also revealed that 44 schemes remain undecided more than three months after submission, with the longest case waiting 550 days for approval. Across these delayed schemes, 5,594 completed units are currently unoccupied, despite being ready for residents.

Irwin Mitchell has previously highlighted the impact of delays at Gateway 2, but the new data shows that Gateway 3 is also causing a bottleneck.

Vijay Bange, National Head of Construction at Irwin Mitchell, said:  “We fully support the need for a strong, independent regulator and recognise the importance of rigorous oversight. But our FOI findings show that the current Gateway 3 process is not delivering decisions within the statutory timeframe.

“Thousands of completed homes are sitting empty for months on end. This is financially damaging for developers and deeply frustrating for residents waiting to move into safe, modern homes.

“The transition to a standalone regulator provides an opportunity for improvement, but the delays we are seeing now are unsustainable. Greater transparency, clearer communication and better resourcing are essential if Gateway 3 is to operate effectively.”

Irwin Mitchell is now urging the government, the BSR and industry to work collaboratively to streamline approvals and ensure the building safety regime delivers on its promise to protect residents while enabling the safe delivery of new homes.