Thousands of completed flats are still sitting empty as developers face continued delays at the final Gateway 3 stage of the building safety approval process.

New FOI data obtained by legal firm Irwin Mitchell revealed 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.

Under the building safety regime for higher‑risk buildings, developers must pass through three regulatory Gateways overseen by the Building Safety Regulator.

Gateway 2 applies at the design stage, before construction begins, while Gateway 3 is the final approval required before a completed building can be occupied.

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

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.”