Responsibilities under the Building Regulations Part 2A
The Building Regulations formally create “Dutyholders”, who are legally responsible for building regulation compliance. The dutyholder roles are held by named individuals, rather than a company or organisation although the named individuals may work on behalf of a company or organisation. An Information Booklet - Role of Duty Holder can be downloaded from our library under forms and guidance.
Domestic Client
The owner of the property or person for whom the building work is being done is known as the “Client” and is a dutyholder under the legislation. Compliance with the relevant requirements of the building regulations is the responsibility of the dutyholders.
If you are engaging an architect or agent to carry out the design work, draw plans and provide a specification for the proposed work, they are also a dutyholder, the “Principal Designer”. This appointment may include the submission of the building regulation application on your behalf. As the Client you have a duty to confirm that the Principal Designer has the right skills, knowledge and experience in place to ensure that their design complies with the building regulations. Other specialists may be engaged at the design stage, for example a structural engineer, but the individual with overall control of the design is considered to be the Principal Designer under the legislation.
For work associated with domestic properties the dutyholder role of Principal Designer automatically transfers to the architect or agent, unless an alternative Principal Designer is appointed in writing by the Client. If you are carrying out the design work, you as the Client will be considered to be the Principal Designer.
It is likely that you will also be engaging a builder to carry out the construction work, they will also be a dutyholder, the “Principal Contractor”. As the Client you have a duty to confirm that the Principal Contractor has the right skills, knowledge and experience in place to ensure that the building work complies with the building regulations. The Client should ensure that the person they appoint have systems in place to ensure compliance with the building regulations. Other subcontractors or tradespersons may be engaged during the construction, for example electricians or plumbers, but the individual with overall control of the construction work is considered to be the Principal Contractor under the legislation.
For work associated with domestic properties the dutyholder role of Principal Contractor automatically transfers to the builder unless an alternative Principal Contractor is appointed in writing by the Client.
Principal Designer
As the Principal Designer, the building regulations stipulate that you should only take on work that you are competent to design.
Other specialists may be engaged at the design stage, for example a structural engineer, but the individual with overall control of the design is considered to be the Principal Designer under the legislation.
For work associated with non-domestic buildings, or domestic property where there is a commercial interest, the dutyholder role of Principal Designer has to be appointed in writing. If the Client fails to make this appointment in writing, under the legislation the Client is considered to be the Principal Designer.
During the project, information about any changes made should be shared by the Principal Contractor with the Principal Designer. This is to ensure that compliance with the relevant requirements of the building regulations is maintained, and any changes are agreed.
Any change of Client, Principal Designer or Principal Contractor should be notified in writing to Building Control. A Change of Duty Holder form can be downloaded from our library under forms and guidance.
Principal Contractor
As the Principal Contractor, the building regulations now stipulate that you should only take on work that you are competent to construct.
Depending on the extent of the building work other contractors may be engaged, for example electricians or plumbers, but the individual with overall control of the building work is considered to be the Principal Contractor under the legislation.
For work associated with non-domestic buildings, or domestic property where there is a commercial interest, the dutyholder role of Principal Contractor has to be appointed in writing. If the Client fails to make this appointment in writing, under the legislation the Client is considered to be the Principal Contractor.
During the project, information about any changes made to the building work should be shared by the Principal Contractor with the Principal Designer. This is to ensure that compliance with the relevant requirements of the building regulations is maintained and all changes are agreed by all parties.
Any change of Client, Principal Designer or Principal Contractor should be notified in writing to Building Control. A Change of Duty Holder form can be downloaded from our library under forms and guidance.
Compliance Declarations
When the building work has finished and a maximum of 5 days after the building is completed, the Principal Designer and Principal Contractor must complete and sign declarations confirming that they have fulfilled their duties under Part 2A (Duty Holders and competence) of the Building Regulations etc. (Amendment) (England) Regulations 2023.
The Client must also complete and sign a Completion Declaration confirming that to the best of their knowledge the work complies with all applicable requirements of the building regulations. These completed and signed Declarations of Compliance from the dutyholders are required to be submitted to Building Control before the completion certificate can be issued.
A Completion Declaration form can be downloaded from our library under forms and guidance.
