Changes to the Building Regulations

The role of dutyholders

There are three new dutyholders defined in the amended regulations:

• Client / Domestic Clients - previously known as the Applicant
• Principal Designer - previously known as the Agent
• Principal Contractor - previously known as the Builder

The regulations tell us that all dutyholders are obliged to have arrangements and systems in place to plan, manage and monitor both the design work and the building work to ensure compliance with Building Regulations. 

This includes residential homeowners who may be embarking on a project for the first time. Residential homeowners are referred to as Domestic Clients. 

The duty to ensure compliance remains with those who procure the building work and those who have key roles in the design and construction process and who are responsible for ensuring that building work is designed and built to be compliant with Building Regulations. The dutyholders are required to work together to ensure that the project complies with the requirements of the regulations and ultimately ensures that the Building Control Body can issue its completion certificate.

Clients (including domestic clients) need to ensure that those they appoint are competent (have the necessary, skills, knowledge, experience and behaviours) or if they appoint an organisation, the organisational capability, to carry out the design work and building work they are engaged to do and only undertake work within the limits of that competence. 

A dutyholder can be an organisation or an individual, and a dutyholder can carry out the role of more than one dutyholder, provided they have the skills, knowledge, experience and (if an organisation) the organisational capability and competence necessary to carry out those roles.

Main duties of each stakeholder

Domestic clients

A 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.

Main duties - what they must do 

• Must provide building information that they have, or it would be reasonable for them to obtain, to 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.  

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.  

The responsibilities of Clients other than Domestic Clients can be found below.

Client

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 dutyholders.

Principal Designers (PD)

A designer appointed by the client/domestic client in projects involving more than one contractor. 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 (PC)

A contractor appointed by the client to coordinate the construction phase of a project where it involves more than one contractor.  

Main duties - what they must do

• Plan, manage and monitor the design work during the building work.
• 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.

Helping clients / domestic clients make a Building Control application

When a Client or Domestic Client instructs Building Control, they will be able to choose one of two submission routes: make a Full Plans Application or submit a Building Notice.

It is common practice for a Client/Domestic Client to delegate the submission of the relevant paperwork to their Principal Designer or Principal Contractor. The table below provides a quick summary to help you choose the best route.

(NB. Building notices cannot be used for works to commercial properties)

Please note: All applications that are validated by us from 1 October onwards will be treated under the regulations that are now in force, including those that were submitted prior to this date.

Category Full plans application

Submitted by

Usually submitted by the Principal Designer

Plans

Usually submitted by the Domestic Client or their Principal Contractor

Project types

• New dwellings
• Extensions
• New garages
• All works related to commercial buildings

Dutyholders

• Client/Domestic Client
• Principal Designer
• Principal Contractor (usually appointed after the Full Plans Application is made)

Fees

Fees are payable in two stages

• Stage 1: when Full Plans Application is submitted (Plan check fee).
• Stage 2: when work commences on site (Inspection fee).

Timescales

Once a Full Plans application or Building Notice has been validated you have three years for the work to commence on site.

This route is used when the project is not commencing for some months, and you may still be going through the planning process.

Although you have appointed a designer, you may still have to appoint your Principal Contractor.

End of project

A final inspection must be booked within five days of work completing.

All registrations that are required such as those needed for electrical, and boiler/gas works by a Competent Person must be completed and notified to us.

All documentation including final plans are held by the Client/Domestic Client.

Once a satisfactory final inspection has been completed, we will issue a Completion Certificate to the Client/Principal Client. This is an important document which will be needed if the property is sold or re-mortgaged.

Category Building Notice

Submitted by 

Usually submitted by the Domestic Client or their Principal Contractor     

Plans

Projects where there are no detailed plans and designs, or they are limited to structural drawings.

There are some projects where a Building Notice is not permissible, and we will advise you should the circumstances arise.

Project types

Whilst this route can be used for new dwellings, extensions and new garages, it cannot be used for commercial buildings.

This route is usually used for simple projects in domestic buildings such as:

• Removal of internal walls
• Garage conversions
• Replacement windows and doors not carried out by a competent person

Dutyholders

• Domestic Clients
• Principal Designer is a structural engineer
• Principal Contractor (This person is likely to be the key contact for the Domestic Client)

Fees

All fees are submitted when a Building Notice is submitted.

Timescales

This route is used when the project is starting within a matter of weeks.

You will have obtained your planning approval if required and may have engaged a Structural Engineer to provide calculations, but you do not require detailed construction plans to be checked by us.

End of project

A final inspection must be booked within five days of work completing.

All registrations that are required such as those needed for electrical, and boiler/gas works by a Competent Person must be completed and notified to us.

All documentation including final plans are held by the Client/Domestic Client.

Once a satisfactory final inspection has been completed, we will issue a Completion Certificate to the Client/Principal Client. This is an important document which will be needed if the property is sold or re-mortgaged.