Duty Holders Roles and Responsibilities
The duties and competence requirements for building regulations that clients, designers and contractors must meet.
The full list of requirements are located here: (ROLES AND RESPONSIBILITIES)
Duty Holders – Role of the Client
Building and design work is done on behalf of the client, in relation to the client’s business. A client can be an organisation or an individual. They will often be a developer or the building owner.
The client will have several responsibilities as set out by the BSR, these are listed below as key points and a link to the full list of responsibilities can be found here (ROLES AND RESPONSIBILITIES)
Their duties will include:
Managing the project
Appointing designers and contractors
Appointing an organisation/individual as principal designer or principal contractor
Higher-risk building work: clients’ duties
Higher-risk building work: individuals or organisations with serious sanctions
Clients’ duties: multiple clients
Domestic clients’ duties
Duty Holders – Role of the Designer
The Designer/Principle designer will have several duties which they must carry out to ensure compliance with the Building Regulations. We have outlined some key points but not a comprehensive list, the full list can be found here: Designer Roles and Responsibilities
The responsibilities of the Designer include:
- not start any design work unless you are satisfied the client is aware of what their legal duties are
- take all reasonable steps to make sure the design work carried out by you, or other designers you manage, is planned, managed and monitored
- provide sufficient information about the design, construction and maintenance of the building to the client and other designers and contractors
- provide advice, when requested, to the principal designer or client on whether any design work you are doing relates to higher-risk building work
Principle Designer duties
It is important you are part of the design team and not a third party without any influence over design decisions.
You must plan, manage, monitor and co-ordinate matters related to the design work.
If you stop being the principal designer, you must give the client a document that explains the arrangements you put in place to fulfil your duties. You must do this no later than 28 days after your appointment as principal designer ends.
Duty Holders – Role of the Contractor
The Contractor/Principle contractor will have several duties which they must carry out to ensure compliance with the Building Regulations, with even stricter duties for higher-risk building projects. We have outlined some key points but not a comprehensive list, the full list can be found here: Contractor Roles and Responsibilities
The responsibilities of the Contractor include:
- not start any building work unless you are satisfied the client understands what their legal duties are
- take all reasonable steps to make sure the building work carried out by you, or other contractors you manage, is planned, managed and monitored
- co-operate with the client, designers and contractors (including the principal designer and principal contractor) to make sure the building work complies with all relevant requirements.
- make sure building work that you and others you manage carry out complies with all relevant requirements
- provide each worker you are responsible for with appropriate supervision, instructions and information
- provide sufficient information about the building work to assist the client, other contractors and designers to comply with relevant requirements
- provide advice, when requested, to the principal contractor or client on whether any work is higher-risk building work
Principal contractors’ duties
As the principal contractor you must carry out contractors’ duties and the duties for principal contractors. You must have the necessary competence requirements to work as a principal contractor.
You must plan, manage, monitor and co-ordinate matters related to the building work. This means you must:
- make sure building work done by all contractors is co-ordinated so that it complies with all relevant requirements
- assess building work to make sure it complies with relevant building regulations
- never accept non-compliant building work
- work with the principal designer and share information about planning, managing, monitoring and co-ordinating the design and building work
- assist the client in providing information to others, if requested
If you stop being the principal contractor, you must give the client a document that explains the arrangements you put in place to fulfil your duties. You must do this no later than 28 days after your appointment as principal contractor ends.
If you are appointed to replace a previous principal contractor, you must review any arrangements they put in place to meet their legal duties