Dutyholders

Part 2A of the Building Regulations (as amended) defines key roles and responsibilities for individuals and organisations, know as Dutyholders, in relation to ensuring that building work complies with the Building Regulations

Domestic Client

Definition

Domestic client means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client.

Duties

They must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) to ensure compliance with all relevant requirements.

They must ensure that the arrangements are maintained and reviewed throughout the project.

Where they are proposing to use any person to carry out building work (contractors) or design work (designers), take all reasonable steps to satisfy themselves that the contractor and/or designer are competent

If a domestic client fails to make the appointments required (principal designer and principal contractor);

(a) the designer in control of the design phase of the project is the principal designer;

(b) the contractor in control of the construction phase of the project is the principal contractor

Client

Definition

Client means any person for whom a project is carried out.

Duties

(1) A client must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) so as to ensure compliance with all relevant requirements.

(2) Arrangements under paragraph (1) are suitable if —

(a) they ensure that the design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements;

(b )they ensure the building work is carried out in accordance with all relevant requirements;

(c) they enable the designers and contractors to cooperate with each other to ensure compliance with all relevant requirements; and

(d) they provide for periodic review of the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work.

(3) A client must ensure that the arrangements under paragraph (1) are maintained and reviewed throughout the project.

(4) A client must provide building information as soon as is practicable to every designer and contractor on the project.

(5) A client must cooperate with any other person working on or in relation to a project to the extent necessary to enable any person with a duty or function under these Regulations to fulfil that duty or function.

(6) Where there is more than one client in relation to a project —

(a) the clients may agree in writing which of them is to be treated for the purposes of these Regulations as the client;

(b) except for the duties specified in sub-paragraph (c), only the person who agreed to be treated as the client under sub-paragraph (a) is subject to the duties owed by a client under these Regulations;

(c) the duties in the following provisions are owed by all clients—

(i) paragraph (4) to the extent that those duties relate to information in the possession of the client or which is reasonably obtainable by or on behalf of the client;

(ii) paragraph (5); and

(iii) regulation 11B (arrangements as to information: higher-risk building work).

Principal Designer

Definition

The Principal Designer is the designer appointed under regulation 11D (Principal Designer and Principal Contractor) to carry out the responsibilities of a Principal Designer according to the Building Regulations.

Duties

The principal designer must —

(a) plan, manage and monitor the design work during the design phase; and

(b) coordinate matters relating to the design work comprised in the project so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(2) The principal designer must take all reasonable steps to ensure that —

(a) designers, and any other person involved in relation to design work, cooperate with the client, the principal designer, the principal contractor and each other;

(b) the design work of all designers is coordinated so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements; and

(c) designers, and any other person involved in relation to design work, comply with the duties under these Regulations.

(3) The principal designer must liaise with the principal contractor and share with the principal contractor any information relevant to —

(a) the planning, management and monitoring of the building work, and

(b) the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.

(4) Where the principal contractor provides comments to the principal designer in relation to compliance with the relevant requirements, the principal designer must have regard to those comments.

(5) The principal designer must —

(a) if requested, assist the client in providing information to other designers and contractors;

(b) when the principal designer’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).

(6) Where a replacement principal designer is appointed, they must review the arrangements the previous principal designer put in place for fulfilling the duties under paragraphs (1) to (3) so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Designer

Definition

Designer means any person (including a client, contractor or other person) who in the course of a business, (a)carries out any design work, or (b) arranges for, or instructs, any person under their control to do so.

Duties

(1) A designer must not start design work unless satisfied that the client is aware of the duties owed by the client for the building work to which the design relates under all relevant requirements.

(2) When carrying out design work the designer must take all reasonable steps to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(3) In providing a design, a designer must take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors to comply with all relevant requirements.

(4) Where a designer is carrying out only part of the design of the building work which comprises a project, the designer must consider other design work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal designer.

(5) If requested to do so, a designer must provide advice to the principal designer or the client on whether any work, to which a design they are preparing or modifying relates, is higher-risk building work

Principal Contractor

Definition

The Principal Contractor is the contractor chosen to carry out the responsibilities of a Principal Contractor under the Building Regulations when multiple contractors are involved.

Duties

(1) The principal contractor must —

(a) plan, manage and monitor the building work during the construction phase, and

(b) coordinate matters relating to the building work comprised in the project to ensure the building work is in compliance with all relevant requirements.

(2) The principal contractor must take all reasonable steps to ensure —

(a) contractors and any other person involved in relation to the building work cooperate with the client, the principal designer, the principal contractor and each other (including any successor in a role);

(b) the building work of all contractors is coordinated so that the work is in compliance with all relevant requirements; and

(c )contractors and any other person involved in relation to building work comply with the duties under these Regulations.

(3) The principal contractor must liaise with the principal designer and share with the principal designer any information relevant to —

(a) the planning, management and monitoring of the design work, and

(b) the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.

(4) Where the principal designer provides comments to the principal contractor in relation to compliance with the relevant requirements the principal contractor must have regard to those comments.

(5) The principal contractor must —

(a) if requested, assist the client in providing information to other designers and contractors;

(b) when the principal contractor’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).

(6) Where a replacement principal contractor is appointed it must review the arrangements the previous principal contractor put in place for fulfilling the duties under paragraphs (1) to (3) to ensure that the building work is in compliance with all relevant requirements

Contractor

Definition

A contractor is anyone (excluding domestic clients) who, in their business, performs, manages, or oversees building work.

Duties

(1) A contractor must not start any building work unless satisfied that the client is aware of the duties owed by the client under all relevant requirements.

(2) A contractor must —

(a)ensure the building work they carry out is in compliance with all relevant requirements; and

(b)provide each worker under their control with appropriate supervision, instructions and information so as to ensure that the building work is in compliance with all relevant requirements.

(3) In relation to building work, a contractor must take all reasonable steps to provide sufficient information about the work to assist the client, other contractors and designers to comply with all relevant requirements.

(4) Where a contractor is carrying out only part of the building work which comprises a project, the contractor must consider other work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal contractor.

(5) If requested to do so, a contractor must provide advice to the principal contractor or the client on whether any work is higher-risk building work.