New Dutyholders from 1st October 2023
The Department for Levelling Up, Housing and Communities (DLUHC) issued a suite of new regulations pursuant to the Building Safety Act 2022. This new legislation included amendments to the Building Regulations (The Building Regulations etc. (Amendment) (England) Regulations 2023, which brought in a new dutyholder regime.
The new dutyholder regime applies to all "building work" (as defined in the Building Regulations) in England, with only limited exceptions for "exempt" work (as detailed in Regulation 9 and Schedule 2 of the Building Regulations) and minor works. This new regime focuses on dutyholders' responsibility for ensuring that building works comply with the Building Regulations. The dutyholders identified in the new Part 2A are:
- The Client - any person for whom a project is carried out. There is an excepton for `domestic cilents' (any client for whom a project is being carried out which is not in the course or furtherance of that client's business). In such cases, the relevant duties are instead imposed upon the principal contractor (or sole contractor if there is only one contractor) or the principal designer. There may be more than one possible client in relation to any given project. If this is the case, the parties may agree in writing which of them will be treated as the `sole' client for these purposes.
- Designers - any person (including the cilent, contractor or other person referred to in Part 2A) who, in the course of business (a) carries out any design work or (b) arranges for or instructs any person under their control to do any design work.
- Contractors - any person (including the client, but not a domestic client) who, in the course of a business, carries out, manages or controls any building work.
- Principal designer - a designer with control over the design works who is appointed to the role.
- Principal contractor - a contractor with control over the building work, who is appointed to the role.
Successful Prosecution of Building Regulations Contraventions
STG Building Control Partnership has prosecuted a Medway builder, Lee Goodearl of KG Builders Ltd, under Section 35(1) of the Building Act.
The case was taken to Medway Magistrates’ Court and Mr Goodearl failed to attend court and the case was proved in his absence.
The extension he was constructing had a number of contraventions:
- Roof was not fixed to the main building correctly
- Manhole have been built over as opposed to being relocated as requested and no build-over agreement obtained
- Roof tiles were unsuitable of the pitch of the roof
- Incorrectly insulated particularly within roof and floor
- Dangerous electrical installation and not compliant with manufacturer’s guidance
The court fined Mr Goodearl £10,000 and ordered him to pay costs of £841 and a victim surcharge of £170, totalling £11,011.
Cllr Jane Chitty, Medway Council’s Portfolio Holder covering Enforcement, said: “All building works must meet regulations in order to protect the safety of our residents. I am appalled that in this case the builder deliberately abused the trust of his customers and took payments throughout the works which have left them out of pocket and with works in contravention of the Building Regulations. I would encourage anyone who has any doubts over whether building works have been completed to the required standard to contact building control to report their concerns.”
STG Socials and Fund Raising
Throughout the year, STG officers take part in several events to raise money for charity, whether they are organised internally or externally. For those events we organise in the office, we choose a different charity for different events.
In September 2023, we held our annual week-long MacMillan Coffee Morning. We have a new winner in the Sausage Roll competition - the title has been taken by Tommy Coleman in the Administration Team from our previous holder Tom Fuller, Building Control Officer. There was lots of sweet and savoury goodies and everyone very generously donated. We raised just over £200.
This December, we have decorated the entire office with the theme of Christmas Movies. We have our usual charitable fund raising fun - games and a raffle. Our chosen charity this year is Breast Cancer UK. 100% of the money donated will be given to Breast Cancer UK - we raised £170 and this has been sent to the charity. Thank you to all the team for participating and making the events fun.
Happy Christmas and New Year everyone!
Medway Council - Regeneration
As one of STG Building Control’s Partner Local Authorities, Medway Council’s strategy for improving the area for the benefit of all residents, workers and visitors is through a substantial regeneration programme. Please see the below attachment of the regeneration sites entitled "Putting Medway on The Map" and why Medway is a great place to live, work and visit.