Gateway 3: the completion certificate

Where things stand

In its data as of 31 August 2026, the BSR reported 346 Gateway 3 applications received. 260 of them were for internal refurbishments, and most of the rest were transitional cases (45) and NHS internal refurbishments (23). No new-build project that went through Gateway 2 had reached Gateway 3 yet. Over the previous 12 weeks it determined 16 applications, approving 88%, with a median determination time of 20 weeks. The quickest was 7 weeks. The legal limit is 8 weeks from receipt of a valid application, and it can be extended by written agreement (regulation 41). The BSR doesn't say how its median is measured, and 16 is a small sample, but the gap is a reason to plan for a long wait. The BSR also said its inspections of new-build projects had found "a small amount of building work that deviates from designs agreed in gateway 2" (BSR building control approval application data, June to August 2026).

What the BSR checks

Under regulation 44, the BSR approves the application only if it is satisfied, after taking all reasonable steps, that:

• the work is complete and complies with all applicable requirements of the building regulations;
• the documents and information in regulation 40(2)(a) to (d), meaning the completion date notice, site plan, plans and agreed documents, are complete and accurate;
• the handover information under regulation 38 is complete and has been given.

Otherwise it must reject the application. Before that, an application that doesn't contain everything regulation 40 requires is invalid, and the BSR sends a notice giving the reasons (regulation 41(2)–(3)). Its guidance says it compares the submitted documents with the documents approved at Gateway 2, reviews the change control log and any changes submitted during the build, and inspects the completed work. Where building safety levy information was required, the BSR must reject the application unless the collecting authority has confirmed the client's levy liability statement (regulation 44(2A)). That means the levy has been paid, or a notice of no charge has been given.

The checklist

For a full completion certificate. Paraphrased from regulations 38 and 40 of SI 2023/909 (as amended from 1 October 2026) and the BSR's guidance. These requirements don't apply to work to an existing building that is only scheme work, exempt work or emergency repairs under regulation 10.

The application (regulation 40(1)) (15)

• Application in writing, signed by the client r40(1)
• Client name, address, telephone and (if available) email r40(1)(a)
• Principal contractor and principal designer (or sole/lead) name, address, telephone and email r40(1)(b)
• Statement that the application is made under regulation 40 r40(1)(c)
• As built: location of the higher-risk building r40(1)(d)(i)
• As built: use or intended use, including each storey r40(1)(d)(ii)
• As built: height (reg 5 of the HRB Descriptions Regulations) r40(1)(d)(iii)
• As built: number of storeys (reg 6 of the HRB Descriptions Regulations) r40(1)(d)(iv)
• As built: number of flats, residential rooms and commercial units r40(1)(d)(v)
• As built: provision made for drainage r40(1)(d)(vi)
• As built: precautions taken building over a drain, sewer or disposal main r40(1)(d)(vii) · if building over a drain or sewer
• As built: steps taken to comply with any applicable local enactment r40(1)(d)(viii)
• Statement signed by the client that, to the best of their knowledge, the work as built complies with all applicable requirements of the building regulations r40(1)(e)
• Statement signed by the client and the relevant person (accountable person and/or responsible person) that the reg 38 handover information has been given and received r40(1)(f); r38
• Levy liability statement signed by the named client: a notice of no charge was given, or the levy has been paid in full (only where levy information was required at Gateway 2 or in a change control application) r40(1)(g), (3A)–(3C); r44(2A) · if levy information was required

Documents that go with it (regulation 40(2)–(3)) (8)

• Notice stating the date the building work was completed r40(2)(a)
• Site plan at not less than 1:1250 (building, boundaries, curtilage buildings and uses, streets) r40(2)(b)
• Plans necessary to show the work as built complied with all applicable requirements r40(2)(c)
• Agreed documents (latest versions): construction control plan, change control plan, mandatory occurrence reporting plan, Building Regulations compliance statement, fire and emergency file (for reg 12(3) category B work, those that were approved) r40(2)(d)
• Change control log, updated to show every controlled change on the project r40(2)(e)
• Compliance declaration from each principal contractor and principal designer (or sole/lead): name and contact details, dates of appointment, and a statement that they fulfilled their Part 2A duties (unless already given under reg 29) r40(2)(f), (5)
• If a compliance declaration can't be obtained: the client's statement of reasons r40(3) · only if a declaration can't be obtained
• If an agent applies: client's signed statement agreeing to the application and confirming the information is correct r40(2)(g) · if an agent applies

Handover to the building's owner or manager by completion (regulation 38) (3)

• Handover to the relevant person by completion: fire safety information (Part B), ventilation (F1), energy and fixed services (L1), on-site generation (L2) and overheating (Part O) information, as applicable r38(1)(a), (5)
• Handover by completion: the specified golden thread information (a copy of the application and every accompanying document), keeping its filing structure and in a readable, updatable format r38(1)(b), (2)
• The relevant person's notice acknowledging receipt: they can access the information and it is sufficient to understand, operate and maintain the building and its fire safety systems r38(3)

Also expected by the BSR (5)

• Summary of the completed work covered by the certificate, including the date it was completed BSR guidance
• Plans showing the locations of any new drains and sewers BSR guidance · if there are new drains or sewers
• Drainage precaution information if you've built over, or within 3 metres of the centreline of, an existing drain, public or private sewer or disposal main BSR guidance · if building over a drain or sewer
• For category B work: the fire safety compliance information, where one was provided BSR guidance · category B work
• No overdue BSR charges on the related building control approval application BSR guidance

Where it goes wrong

• Uncontrolled changes. Every difference between what was approved at Gateway 2 and what was built should appear in the change control log. Major changes need an approved change control application, and notifiable changes must have been notified. A change that was never recorded is the obvious gap at Gateway 3. See the change control plan and major and notifiable changes.
• Agreed documents not kept current. The latest versions of the construction control plan, change control plan, mandatory occurrence reporting plan, compliance statement and fire and emergency file must be submitted, and they have to be accurate for the building as built.
• Compliance declarations. Each principal designer and principal contractor must sign one, including anyone who left the project. If a declaration can't be obtained, the client must explain why.
• Handover. The golden thread information and the fire, ventilation, energy and overheating information must reach the accountable or responsible person by completion, and their acknowledgement is part of the application.
• Levy. Where building safety levy information was required with the Gateway 2 application or a change control application, the client's levy liability statement must be confirmed by the collecting authority. That means the levy has been paid, or a notice of no charge has been given. Only then can the certificate be issued. See the levy guide and calculator.

Partial completion certificates

If any part of the building is to be occupied before all the work is complete, the client must apply for a partial completion certificate before that occupation (regulation 45). This is a separate application. It follows the partial completion strategy submitted with the Gateway 2 application, and the BSR's guidance says changes to that strategy must be submitted to the BSR. On top of most of the items above, applied to the part concerned, it needs:

• a plan showing the part to be occupied, its intended use, and which flats or residential rooms will be occupied;
• a description of the work that will remain after the application;
• a partial occupation statement describing the proposed stages, with an estimate of when each will start;
• a levy liability statement, where levy information was required.

After the certificate

A higher-risk building with at least two residential units must be registered with the BSR before people live there, and a completion certificate is needed to register it. A rejection can be reviewed by the BSR and then appealed to the First-tier Tribunal. The charges for full and partial certificates are in the BSR charging scheme, and the BSR won't issue a certificate while charges on the building control approval application are overdue.

Sources

• The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, SI 2023/909, regulations 38, 40, 41, 44 and 45, as amended by SI 2025/1236 and SI 2026/1034 (legislation.gov.uk, checked 14 October 2026).
• BSR, "Applying for a completion certificate", GOV.UK, updated 1 October 2026.
• BSR, "Building control approval application data, June to August 2026" (data as of 31 August 2026), GOV.UK.

Written on 14 October 2026 and paraphrased from the sources above. Check the current versions before relying on it. This is general information, not legal or compliance advice. Contains public sector information licensed under the Open Government Licence v3.0.