Construction under the Building Safety Act is no longer governed by commercial programme logic alone. On Higher-Risk Building projects, construction is now legally constrained by the Building Safety Regulator’s approval regime.
This has created one of the most common and dangerous misunderstandings on London sites in 2026:
Can construction continue while waiting for BSR decisions?
For many teams, the instinct is to keep building while approvals are pending in order to protect programme, cashflow and contractual milestones. Under the new regime, that instinct can expose the project to regulatory enforcement, Gateway failure and occupation refusal.
This article explains when construction can continue, when it must stop, and how the Regulator expects projects to operate while BSR decisions are outstanding.
Why BSR decisions now control construction
On Higher-Risk Building projects, the Building Safety Regulator is no longer a post-completion checker. It is an active statutory gatekeeper.
The Regulator controls:
This means construction is now legally tied to regulatory approval status. If a project proceeds outside of its approved regulatory envelope, it is no longer compliant, even if the physical work is technically correct.
The principle: no approval, no authority to build
The core legal principle under the Building Safety Act is simple:
Construction is only lawful where it is covered by an approved regulatory decision.
That approval may be:
If work falls outside of an approved scope, it becomes unauthorised construction.
Unauthorised construction creates:
In effect, the project loses its legal authority to proceed.
When construction CAN continue while waiting for BSR decisions
Construction can continue only where the works are fully covered by an existing regulatory approval.
This includes:
In practice, this means:
The Regulator does not recognise commercial urgency as a justification.
When construction MUST stop
Construction must stop where:
In these cases, continuing work creates an unapproved condition. That condition becomes part of the building’s permanent record and will surface at Gateway 3.
The most common failure pattern on London sites
Across London HRB projects, the most common compliance failure now follows the same pattern:
This is now one of the biggest causes of regulatory delay on London towers, mixed-use schemes and major refurbishments.
What the Regulator expects in practice
The Building Safety Regulator expects construction to operate under regulatory control in the same way as:
That means:
There is no concept of build now, approve later.
The role of the Principal Contractor
The Principal Contractor is the legal gatekeeper on site. When BSR decisions are pending, the Principal Contractor must:
Allowing construction to continue without approval transfers liability directly onto the Principal Contractor. Commercial pressure does not override statutory duty.
The role of the Principal Designer
The Principal Designer controls regulatory design compliance. When BSR decisions are pending, the Principal Designer must:
What happens if construction continues anyway
If construction proceeds while waiting for BSR decisions, the consequences can include:
In severe cases, entire buildings have been forced into regulatory remediation before occupation.
The commercial reality
On London HRB projects, regulatory approval is now part of the programme. BSR review periods must be treated as:
Projects that do not integrate BSR decision timelines into programme logic will continue to suffer:
In 2026, regulatory time is construction time.
What site managers must do
Site managers are now regulatory operators. When BSR decisions are pending:
If it is not approved, it must not be built.
The long-term shift
The Building Safety Act is permanently changing how construction is delivered. London is now operating under:
Construction is no longer just a physical activity, it is a regulated process.
Conclusion — approval is authority
Under the Building Safety Act, construction authority comes from regulatory approval. Not from programme, contract, client pressure and commercial logic, only from the Regulator. If BSR approval is pending, the affected work must stop, that is the new reality of construction in London.
This has created one of the most common and dangerous misunderstandings on London sites in 2026:
Can construction continue while waiting for BSR decisions?
For many teams, the instinct is to keep building while approvals are pending in order to protect programme, cashflow and contractual milestones. Under the new regime, that instinct can expose the project to regulatory enforcement, Gateway failure and occupation refusal.
This article explains when construction can continue, when it must stop, and how the Regulator expects projects to operate while BSR decisions are outstanding.
Why BSR decisions now control construction
On Higher-Risk Building projects, the Building Safety Regulator is no longer a post-completion checker. It is an active statutory gatekeeper.
The Regulator controls:
- Whether construction can lawfully start (Gateway 2)
- Whether changes can be implemented
- Whether a building can legally complete (Gateway 3)
- Whether the building can be occupied
This means construction is now legally tied to regulatory approval status. If a project proceeds outside of its approved regulatory envelope, it is no longer compliant, even if the physical work is technically correct.
The principle: no approval, no authority to build
The core legal principle under the Building Safety Act is simple:
Construction is only lawful where it is covered by an approved regulatory decision.
That approval may be:
- A Gateway 2 building control approval
- A regulated change approval
- A staged approval or conditional approval
- A partial works authorisation
If work falls outside of an approved scope, it becomes unauthorised construction.
Unauthorised construction creates:
- A breach of the Building Safety Act
- A break in the Golden Thread
- A Gateway compliance failure
- A potential enforcement trigger
In effect, the project loses its legal authority to proceed.
When construction CAN continue while waiting for BSR decisions
Construction can continue only where the works are fully covered by an existing regulatory approval.
This includes:
- Works explicitly approved at Gateway 2
- Works within an agreed staged approval
- Works unaffected by a pending change submission
- Works confirmed as non-material to the regulatory submission
In practice, this means:
- You can continue building what has already been approved
- You cannot build what is awaiting approval
- You cannot anticipate approval
- You cannot build on assumptions
The Regulator does not recognise commercial urgency as a justification.
When construction MUST stop
Construction must stop where:
- A change submission has been made and is awaiting approval
- A design clarification alters the approved Gateway scope
- A fire or structural strategy is under regulatory review
- A material product substitution is pending approval
- A sequencing change affects safety-critical elements
- An interface affects regulated systems
In these cases, continuing work creates an unapproved condition. That condition becomes part of the building’s permanent record and will surface at Gateway 3.
The most common failure pattern on London sites
Across London HRB projects, the most common compliance failure now follows the same pattern:
- Design develops late
- A change is submitted to BSR
- Programme pressure builds
- Site continues at risk
- Approval arrives with conditions
- Built work no longer complies
- Remedial works are required
- Gateway 3 is delayed or refused
This is now one of the biggest causes of regulatory delay on London towers, mixed-use schemes and major refurbishments.
What the Regulator expects in practice
The Building Safety Regulator expects construction to operate under regulatory control in the same way as:
- Nuclear plant construction
- Rail infrastructure
- Aviation maintenance
- Energy infrastructure
That means:
- Work is authorised
- Scope is defined
- Change is controlled
- Evidence is auditable
- Decisions are documented
- Compliance is permanent
There is no concept of build now, approve later.
The role of the Principal Contractor
The Principal Contractor is the legal gatekeeper on site. When BSR decisions are pending, the Principal Contractor must:
- Ringfence the affected work scope
- Control site access to that workface
- Prevent unauthorised installation
- Secure incomplete works
- Preserve evidence
- Maintain Golden Thread integrity
Allowing construction to continue without approval transfers liability directly onto the Principal Contractor. Commercial pressure does not override statutory duty.
The role of the Principal Designer
The Principal Designer controls regulatory design compliance. When BSR decisions are pending, the Principal Designer must:
- Freeze affected design elements
- Prevent uncontrolled site interpretation
- Manage change control submissions
- Coordinate regulatory responses
- Update the approved design set
- Maintain the regulated design baseline
- Any site-based design interpretation is now a regulatory breach.
What happens if construction continues anyway
If construction proceeds while waiting for BSR decisions, the consequences can include:
- Gateway 3 refusal
- Completion certificate rejection
- Occupation delay
- Enforcement notices
- Stop work orders
- Mandatory remedial works
- Criminal liability for dutyholders
- Loss of insurance cover
- Unmortgageable buildings
In severe cases, entire buildings have been forced into regulatory remediation before occupation.
The commercial reality
On London HRB projects, regulatory approval is now part of the programme. BSR review periods must be treated as:
- Statutory hold points
- Regulatory float
- Compliance milestones
Projects that do not integrate BSR decision timelines into programme logic will continue to suffer:
- Unplanned delays
- Cost overruns
- Rework
- Investor risk
- Exit risk
In 2026, regulatory time is construction time.
What site managers must do
Site managers are now regulatory operators. When BSR decisions are pending:
- No verbal approvals
- No site-based assumptions
- No conditional installation
- No at-risk construction
- No commercial shortcuts
If it is not approved, it must not be built.
The long-term shift
The Building Safety Act is permanently changing how construction is delivered. London is now operating under:
- Regulated construction
- Permission-based delivery
- Evidence-driven compliance
- Lifetime accountability
Construction is no longer just a physical activity, it is a regulated process.
Conclusion — approval is authority
Under the Building Safety Act, construction authority comes from regulatory approval. Not from programme, contract, client pressure and commercial logic, only from the Regulator. If BSR approval is pending, the affected work must stop, that is the new reality of construction in London.
Image © London Construction Magazine Limited
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Expert Verification & Authorship: Mihai Chelmus
Founder, London Construction Magazine | Construction Testing & Investigation Specialist |
