Gateway 1, London Plan D12a and local authority requirements all trigger fire safety statements. Here's when your planning application needs one.
23 April 20244 min readFire Safety Services
Two Distinct Triggers for Fire Safety Statements
Fire safety statements are required in two distinct regulatory contexts in England: at planning stage for higher-risk buildings under the Building Safety Act 2022's Gateway 1 process, and for major applications in Greater London under London Plan Policy D12a. Understanding the precise trigger for each requirement — and the overlap between them — is essential for developers, planning consultants, and fire engineers working on tall and complex residential developments.
Gateway 1: The National Requirement
Gateway 1 is the first regulatory checkpoint in the Building Safety Act 2022's gateway process for higher-risk buildings. A fire statement is required as part of the planning application for any development that would result in a higher-risk building — defined as a building that is at least 18 metres in height or has at least seven storeys, and contains at least two residential units.
The Gateway 1 requirement applies to planning applications submitted to local planning authorities across England. The Health and Safety Executive is a statutory consultee on Gateway 1 applications and will advise the planning authority to refuse or impose conditions on applications where the fire statement is absent or inadequate.
The Gateway 1 fire statement must address:
Confirmation that the development can be built in a way consistent with the requirements of Part B of the Building Regulations
Fire service vehicle access — routes, turning areas, and hardstanding
High-level means of escape strategy
External wall fire safety approach
Confirmation that fire safety considerations have been incorporated in the design concept
The Gateway 1 fire statement is a planning document, not a building control document. It demonstrates that fire safety has been considered at concept stage — not that the detailed fire safety design has been finalised. The detailed fire strategy comes later, at building control stage or Gateway 2.
London Plan Policy D12a: The Greater London Requirement
London Plan Policy D12a requires a fire safety statement for planning applications in Greater London that involve development of ten or more storeys, or any development that would result in a building classified as higher risk under the Building Safety Act 2022. This applies to applications submitted to London borough councils and to applications referred to the GLA as major developments.
The D12a threshold of ten storeys is lower than the 18-metre threshold for Gateway 1. A building of ten storeys may not reach 18 metres in height depending on floor-to-ceiling heights, but D12a still applies. For most tall residential developments in London, both requirements will apply simultaneously.
The D12a fire safety statement must address similar topics to the Gateway 1 fire statement, but the GLA also expects the statement to demonstrate that the development prioritises the safety of occupants through design — including consideration of staircase provision, evacuation strategy, and external wall materials.
When Neither Requirement Applies
Where a development does not result in a higher-risk building and is not a major application in Greater London, neither the Gateway 1 nor the D12a fire safety statement requirement applies. For standard residential and commercial developments below the relevant thresholds, fire safety is addressed at building control stage through the standard Part B compliance process, without a requirement for a fire statement at planning.
Frequently Asked Questions
What triggers the need for a fire safety statement at planning?
Two triggers: Gateway 1 (the Building Safety Act 2022) requires a fire statement for any development resulting in a higher-risk building (over 18 metres or seven storeys with at least two residential units). London Plan Policy D12a requires a fire statement for major applications in Greater London involving ten or more storeys or a higher-risk building.
Do both Gateway 1 and London Plan D12a apply to the same development?
Often yes — for tall residential developments in London that are over 18 metres and ten or more storeys, both requirements will apply. The fire statement must satisfy both requirements, which can typically be achieved in a single document if it addresses all the relevant topics.
Who assesses the fire safety statement at planning stage?
For Gateway 1 applications, the Health and Safety Executive is a statutory consultee and will advise the planning authority on the adequacy of the fire statement. For D12a applications in London, the GLA assesses the fire statement as part of the major application referral process.
Can a fire safety statement be submitted after the planning application?
For Gateway 1 applications, the fire statement is a required document for the planning application and cannot be submitted after the fact. However, it can be provided as a pre-commencement planning condition in some circumstances. For D12a, the GLA may accept the fire statement after the initial application but before the referral is concluded.
Does a warehouse or office building over 18 metres need a Gateway 1 fire statement?
Gateway 1 applies to higher-risk buildings — those that are over 18 metres or seven storeys and contain at least two residential units. A purely commercial building does not meet the residential unit criterion and therefore does not require a Gateway 1 fire statement, regardless of height.
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