Information Responsible people and duty holders
Content
The Client
The Client is any person for whom a project is carried out. In most cases this will be the building owner, but could also include a person with power of attorney acting on behalf of a building owner or a commercial building tenant, for example.
Main duties of the Client
The Client must make suitable arrangements for planning, managing and monitoring a project (including the allocation of sufficient time and resources) to ensure compliance with all of the 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 that they appoint have systems in place to ensure compliance with the Building Regulations.
Where there is more than one person working on different aspects of the project, the Client should appoint, in writing, a Principal Designer to be in control of the design work and a Principal Contractor to be in control of the building work.
The Client should provide building information to every designer and contractor that is working on the project. If the work is higher risk building work, the Client must ensure that suitable arrangements have been made to make every designer and contractor aware that the project includes higher risk building work.
The Client must cooperate with any other person working on or in relation to the project to the extent necessary to enable them to comply with their duties or functions.
Principal Designer
The Principal Designer is a designer appointed by the Client for building work. This can be an organisation of an individual. They must have sufficient knowledge, experience and ability to carry out the role.
Main duties of the Principal Designer
The Principal Designer should plan, manage and monitor the design work during the design phase.
The Principal Designer should take all reasonable steps to ensure that the design work carried out by them and anyone under their control is planned, managed and monitored so that they design is such that, if built in accordance with that design, the building work would comply with all the relevant requirements of the Building Regulations.
The Principal Designer needs to ensure that they, and all those working on the project co-operate and communicate and coordinate with the Client, the Principal Contractor and the other designers and contractors.
The Principal Designer needs to liaise with the Principal contractor and share information relevant to the building work and assist the Client in providing information to others.
Principal Contractor
The Principal Contractor is a contractor appointed by the Client to coordinate the construction phase of the project.
Main duties of the Principal Contractor
The Principal Contractor should plan, manage and monitor the building work during the construction phase.
The Principal Contractor should co-operate 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
The Principal Contractor needs to ensure that they, and all those working on the project co-operate and communicate and coordinate with the Client, the Principal Designer and the other designers and contractors.
The Principal Contractor needs to liaise with the Principal Designer and share information relevant to the building work and assist the Client in providing information to others.
Change of Duty Holder
If the Agent on an application has nominated themselves as the Principal Designer or Principal Contractor at the start of the project and has decided that they do not wish to continue with that responsibility, the role will need to be assigned to a new Duty Holder.
For non-domestic projects, the responsibility will default back to the Client in the event that the nominated Principal Designer or Principal Contractor is no longer involved. If the Client is not considered competent to carry out this role, they will be required to appoint a new Principal Designer or Principal Contractor.
If the project is being carried out by a domestic Client (i.e a homeowner for work to their home), the Client cannot take on the responsibility of being the Principal Designer or Principal Contractor. They will need to nominate a professional, i.e. a new architect/agent or a builder.
We must receive a Change of Duty Holder form, signed by the new Principal Designer or Principal Contractor, and the client to change the Duty Holder. Until the Change of Duty Holder form is received, the original Duty Holder is still in that role.