The Role
Of The Dutyholder

The dutyholders in the building of higher-risk high-rise buildings are the Client, Principal Designer, Designer, Principal Contractor and Contractor

Competent &
Accountable

On the 19th December, 2017 the Building Safety Bill was announced via the Queen’s Speech. Over four years later, Royal Assent was given on 28th April 2022, and the Building Safety Bill became The Building Safety Act 2022.

The Act introduces a more stringent regulatory framework in design and construction, led by the Building Safety Regulator, for new high-rise residential buildings, care homes and hospitals which are 18 metres or more in height, or at least seven storeys.

The new framework includes the following:

Dutyholders

The dutyholders in the building of higher-risk high-rise buildings are the Client, Principal Designer, Designer, Principal Contractor and Contractor. These dutyholders have accountability and statutory responsibilities when buildings are designed and constructed.

In order to make compliance a legal requirement of dutyholders is:

1. To establish and operate an effective mandatory occurrence reporting system to enable those on the site or in the building to report safety occurrences to the dutyholder(s).

2. To report safety occurrences to the Building Safety Regulator in a required manner.

The
Client

The Client is the person for whom the building work is done; often the Client will be the developer or the building owner.

The Client has a major influence over the way a project is procured and managed – and, of course, how the work is funded. They control the contract, the finances and the time available for the project.

The Client should have suitable arrangements in place to ensure that the design work and the building work can be completed in accordance with building regulations. In practice, this means appointing the right people, with the right competencies (the skills, knowledge, experience and behaviours or organisational capability) for the work, and ensuring those they appoint have systems in place to ensure compliance with building regulations.

Where there is more than one contractor working on 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 whole project during the construction phase.

The Client will need to be sure that the Principal Designer and the Principal Contractor have the right skills, knowledge, experience and behaviours (or competence) for the work they want them to do, including co-ordinating the broader work programme.

When CDM applies to the work, the client will be able to treat the Principal Designer and the Principal Contractor for CDM as being appointed for this legislation. The client will need to be assured that the Principal Designer and the Principal Contractor have the right competencies or organisational capabilities for the work and consider whether they are the right person or organisation for the job. The Principal Designer and Principal Contractor will need to ensure that any gaps in competence are identified and filled before they are appointed.

The Principal
Designer

The Principal Contractor is a contractor appointed to be in control of the whole project during the construction phase. The Principal Contractor will have similar duties to those of the Principal Designer, but in relation to the building work.

The Principal Contractor will need to: plan, manage and monitor the building work ensure cooperation, communication and coordination between the dutyholders and liaise with the Principal Designer.

Safety
Management Systems

Design And Build Alternative If the Client chooses the ‘design and build’ procurement route… The contractor or Principal Contractor appointed to undertake the construction work will also take on detailed design work.

In these situations, a designer or Principal Designer will need to be appointed so the design and build contractor will commonly (although not always) be appointed both Principal Designer and Principal Contractor.

The Client should be satisfied that the contractor has sufficient skills, knowledge, experience and behaviours (competence) to undertake both roles.