Building regulations
Building regulations apply to most new buildings, certain alterations and changes to a building’s use. In general, formal approval is needed for most types of building work.
Building regulations focus on the actual construction of the work to ensure that work is safe, has structural integrity, is energy efficient and takes account of disabled access. This contrasts with planning permission which assesses suitability in relation to land use, appearance and environmental impact. A project may require both building control approval and planning permission.
On 1 October 2023, the Building Regulations (Amendment) (England) Regulations 2023 introduced new roles and responsibilities for individuals and organisations involved in building projects. These roles - known as dutyholders - are designed to ensure that building work is properly planned, managed, and built in compliance with these regulations. The changes came about due to the Building Safety Act 2022.
Who are the dutyholders?
Under the amended building regulations, anyone involved in a building project must take responsibility for ensuring the work complies with legal standards. The regulations define three key dutyholder roles, each with specific responsibilities:
- client - this includes both domestic clients (such as homeowners) and commercial clients (for example, developers or businesses). Previously known as the applicant
- principal designer - responsible for planning and managing the design phase of the project. Previously known as the agent
- principal contractor - responsible for planning and managing the construction phase of the project. Previously known as the builder
Full a full explanation of these roles, see below:
Domestic clients
If you are an individual, such as a homeowner, having building work carried out not as part of a business, you have a number of duties. These include:
If more than one person is involved in your project, you must appoint a principal designer to oversee the design work and a principal contractor to manage the construction. Automatic roles are allocated if you don’t formally appoint these roles. The designer and contractor in control of each phase will automatically take on the responsibilities of principal designer and principal contractor.
You must provide any relevant building information you have to the professionals working on your project.
You must support in them meeting their legal duties and ensure all work carried out complies with building regulations.
Business or commercial clients
If you are a client undertaking building work as part of a business, you have additional legal responsibilities under the building regulations to those above. Your key duties include:
Make suitable arrangements to plan, manage, and monitor the project to ensure compliance with Building Regulations.
You are responsible for appointing dutyholders such as the Principal Designer and Principal Contractor, who have the skills, knowledge, experience, and behaviours (or organisational capability) to carry out their roles effectively.
You must provide relevant building information to all designers and contractors involved in the project, including any details about existing or proposed higher-risk building work.
You must ensure that all dutyholders work together, share information, and cooperate throughout the project to support compliance and enable the building control body to issue a completion certificate.
Principal designer
If you are the principal designer, your job is to take responsibility for managing the design phase of a building project. This role is essential when more than one contractor is involved. Your main duties are:
Plan, manage, and monitor design work to ensure compliance with building regulations.
Ensure that all design work is properly organised and integrated across the project. You must maintain clear and consistent communication with the client and principal contractor and ensure the design meets building regulations requirements.
You need to share relevant design information and updates with the principal contractor and support the client in providing necessary documentation to other dutyholders.
Principal contractor
If you are the principal contractor, your job is to take charge of the construction phase of a building project, especially where more than one contractor is involved. Your key duties are:
Plan, manage, and monitor all building activities to ensure the work complies with the building regulations.
Work closely with the client, principal designer and other contractors to ensure everyone is aligned and working safely and compliantly.
Provide relevant updates and documentation throughout the build and assist the client in meeting their own responsibilities under the regulations.