There are some fundamental changes to the Building Regulations that clients, especially, need to be made aware of. They come into force on 1st October, 2023. Very similar to the CDM Regulations (which I have also done a Blog on www.wallerservices.com/construction-design-and-management-regulations-cdm/)the new regulations state that projects that fall under the Building Regs require new duty holders (responsible parties)
• The Client (including domestic clients)
• The Principal Designer
• The Principal Contractor.
The responsibilities include:
Duty to ensure compliance – The primary responsibility for ensuring compliance with Building Regulations lies with those who initiate building work and those who play crucial roles in the design and construction process. These duty holders are accountable for ensuring that work is designed and constructed so as to comply with building regulations.
Duty to be competent – It is essential for duty holders to have the necessary skills, knowledge, experience and behaviour’s relevant to their designated tasks. If an organisation is involved, it should have the organizational capability necessary to fulfil the duties.
Duty to cooperate, coordinate and communicate – Duty holders are required to work together effectively, maintaining clear lines of communication, sharing information and collaborating throughout the process.
Furthermore, submissions to building control will now rely on the designer’s justification of compliance, rather than designers seeking design input from building control to meet compliance.
Architects (and contractors) who have, in the past, used the building control application process to refine design details will have to ensure full compliance with Building Regulations prior to
submission.
So, what does this mean for the client?
The Client must ensure that their Designer/Contractor are competent for the work proposed and the Designer/Contractor must not take on work where they do not possess the necessary competence. At the end of a project, the Client/Designer/Contractor will be required to issue a joint written statement to the Building Control Body clearly stating that the building work complies.
Domestic clients have similar responsibilities, but if a domestic client fails to make the appointments, then the designer in control of the design phase of a project is the principal designer,
and the contractor in control of the construction phase of a project is the principal contractor.
Architects will naturally become the principal designer in most cases. But if the client only appoints the architect to undertake planning drawings and the contractor works to these (eg a typical
“building notice”), then the contractor would effectively become both designer and contractor, so undertake dual roles of principal designer and principal contractor.
This has huge implications for many small builders who are not insured or competent to undertake the design role and make the compliance statement required at completion. And, as a client, you have a duty to ensure that the parties you appoint are competent and have the correct insurances in place.
How can we help?
Waller Associates Limited have been trading for over 30 years and have a proven track record of delivering all types of projects for educational, commercial and private clients. We are UKAS
accredited for ISO9001 Quality & ISO 14001 Environmental standards and have all the necessary insurance covers in place including Professional Indemnity. Our professionally qualified management team have over 150 years’ of construction experience between them!
As a client you can rest assured knowing that we will comply with all relevant legislation, are competent to do so and able to assist and advise you through the entire process.
If you would like more information then please do not hesitate to contact me on 07973-21644 or email steve@wallerservices.com . Alternatively, contact Mark Holdsworth, our Business
Development Manager on 07805-977651 or mark@wallerservices.com to discuss any future projects you are considering.
Kind Regards
Steve Waller
Managing Director
For more information regarding the building industry and the works we undertake, please click on the following link to our website homepage www.wallerservices.com
