The Building Regulations changed on the 1 October 2023, along with the implementation of sections of the Building Safety Act 2022. Any building work where Building Regulations are required will be subject to the new Duty Holder Regime.

The new regime imposes new requirements on applicants, agents, and builders.

• The applicant is now referred to as the ‘Client, this includes Domestic Clients
• An agent is now referred to as the ‘Principal Designer’.
• A builder is now referred to as the ‘Principal Contractor’.

It is the Client’s responsibility to appoint a Principal Contractor and Principal Designer. The aim is to ensure that at each stage in a building project, duty holders are identified, and the roles, responsibilities and expectations are clear. This will ensure clients can consider and demonstrate how the building work will meet the requirements of the Building Regulations.

The overall responsibility to show compliance with the Building Regulations lies with the Client, the Principal Designer, and the Principal Contractor. This applies to all types of Building Regulation applications.  

This has always been the case, but it is now set down in legislation. Building Control is to act as the Regulator and Building Control Inspectors are not able to advise on any elements of the design or construction methods of the development.

Changes to submitting an application

Application forms are being updated and additional questions will be asked:

• Where the person completing the application form is not the Client (for example, when submitted by the Principal Designer), the name, address, telephone number and if available a contact email address for the Client is required.

• Where known at the date of the application, the name, address, telephone number, and if available a contact email address for the Principal Contractor (or sole contractor) and the Principal Designer (or sole or lead designer) must be provided.

• Confirmation is required as to whether the building is subject to the Regulatory Reform (Fire Safety) Order 2005 (RRO) or it will apply after completion of the building work. (Note: The RRO applies to all buildings other than private dwellings).

• Where the project consists of works to an existing building, a full description of the existing building is required which now includes:
  • Details of the current and proposed use of the building and or individual storeys of the building.
  • The height of the building before and after building work has taken place. The height is measured from the lowest external ground level to height of the highest floor level and aligns with the definition given in Approved Document B.
  • The number of storeys in the building, both before and after building work has taken place. (As determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023)
  • A date when it is proposed the works will reach the point when it is to be regarded as commenced, in accordance with regulation 46A (lapse of building control approval: commencement of work). See below for more information.
  • Where the application is made by someone on behalf of the Client, a statement, signed by the Client confirming they agree to the application being made and that the information contained in the application is correct.

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Starting work and Notice of Commencement

Building Control must be notified when you start work on site in order for us to carry out the necessary inspections. (Start of work stage)

There is now an additional stage where Building Control must be notified. This is the deemed commenced stage.

A template for this notice will be provided once your application is registered.

Works are deemed commenced when:

For complex buildings – Foundations are constructed, and the structure of the lowest floor level is complete.

For new buildings and horizontal extensions -   Sub surface structure of the building or the extension including all foundations and the structure of the ground floor level is completed.

For all other works – constructed 15% of the overall work.

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Notice Of Completion

A notice of completion must be submitted to us within 5 days of the work being completed.

A template for this notice will be provided once your application is registered.

We will not be able to issue a completion certificate until this notice is received and it being signed by all parties.

The Notice of Completion will require the following information:

• The name, address, telephone number and email address of the Client, Principal Contractor, and Principal Designer.

• A signed statement will be required from the Client to say that the works have been completed and complies with all the applicable regulations to the best of their knowledge.

• A statement will also be required from both the Principal Contractor and Principal Designer to confirm they have fulfilled their duties under Part 2A (duty holders and competence). The duties for this can be found here -The Building Regulations etc. (Amendment) (England) Regulations 2023 (legislation.gov.uk)

For buildings subject to the Fire Safety Order, the Client must submit the same notice, but within 5 days of occupation, and it must also state the following:

• The date when the building (or any part of it) is occupied; and
• A signed statement confirming that to the best of their knowledge, Regulation 38 and Part B of Schedule 1 are currently complied with for the parts of the building are to be occupied.

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Roles and Responsibilities of Duty Holders.

Clients – Domestic Clients

The homeowner and not part of any business

Main duties – what they must do 

• Where there is more than one person working on different aspects of the project, a Domestic Client should appoint a Principal Designer to be in control of design work and a Principal Contractor to be in control of the building work.
• If a Domestic Client does not appoint either a Principal Designer or Principal Contractor, then the designer in control of the design phase of the project is the Principal Designer and the contractor in control of the construction phase of the project is the Principal Contractor. 
• Must provide building information that they have, or it would be reasonable for them to obtain, to the designers and contractors working on the project. 
• Must cooperate with anyone working on or in relation to the project to the extent necessary to enable them to comply with their duties or functions. 

Clients - Larger Commercial

Organisations or individuals for whom a construction project is carried out that is done as part of a business.

Main duties – what they must do 

• Make suitable arrangements for planning, managing and monitoring a project, including the allocation of sufficient time and resource, to deliver compliance with building regulations. In practice, this means appointing the right people, with the right competencies (the skills, knowledge, experience and behaviours) for the work and ensuring those they appoint have systems in place to ensure compliance with Building Regulations. 
• Where there are several firms working on different aspects of the project, the Client will need to appoint a Principal Designer to be in control of design work and a Principal Contractor to be in control of the building work.
• Provide building information to every designer and contractor on the project and have arrangements to ensure information is provided to designers and contractors to make them aware that the project includes any existing or proposed higher-risk building work. 
• Cooperate and share information with other relevant duty holders.

 

Principal Designers 

A Designer appointed by the Client in projects. They can be an organisation or an individual with sufficient knowledge, experience, and ability to carry out the role. 

Main duties – what they must do 

• Plan, manage and monitor the design work during the design phase.
• Take all reasonable steps to ensure the design work carried out by them and anyone under their control is planned, managed and monitored so that the design is such that, if built, it would comply with all relevant requirements of the Building Regulations.
• Ensure that they, and all those working on the project, co-operate, communicate and co-ordinate their work with the client, the Principal Contractor, and other designers and contractors.
• Liaise with the Principal Contractor and share information relevant to the building work.
• Assist the client in providing information to others.

 

Principal Contractors

A contractor appointed by the client to coordinate the construction phase of a project.  

Main duties – what they must do

• Plan, manage and monitor the building work during the construction phase. 
• Cooperate with the Client, the Principal Designer, and other designers and contractors to the extent necessary to ensure that the work complies with all relevant requirements of the Building Regulations. 
• Ensure that they, and all those working on the project, co-operate, communicate and co-ordinate their work with the Client, the Principal Designer, and other designers and contractors. 
• Liaise with the Principal Designer and share information relevant to the building work. Assist the Client in providing information to others.