What Does Part 2A amendment of the Building Regulations Involve?
A new section within the Building Regulations, introduced by the Building Safety Act 2022, outlines the roles and responsibilities of "dutyholders" (clients, designers, contractors) regarding competence and compliance with building safety requirements across all construction project.
Building Safety Act 2022: The Building Safety Act (BSA) focuses on building regulations compliance, coordination, and collaboration. In contrast, the Construction (Design & Management) Regulations 2015 (CDM 2015) emphasize health and safety. Clients may choose to appoint the same person as the CDM principal designer and the Building Regulations 2010 principal designer.
Principal Designer – Building Regulations (PDBR):
Requirement: As of October 2023, a Principal Designer for Building Regulation compliance must be appointed for every project requiring a building control application. This role is typically filled by the lead architect, structural engineer, or surveyor and is separate from the CDM Principal Designer role.
Competence (Section 11F): Any person undertaking design work must possess the skills, knowledge, experience, and behaviours necessary to ensure the building work complies with all relevant requirements.
Principal Designer - CDM Regulations (PDCDM):
Notifiable Projects: All construction projects are notifiable if they:
Are scheduled to last longer than 30 working days and have more than 20 workers simultaneously, or
Exceed 500 person-days.
Role: The Principal Designer is responsible for health and safety during the planning stages of the project and must liaise with the Principal Contractor to share relevant information.
Duty Holders Under the Building Regulations:
Domestic Clients:
Definition: A client for whom a project is being carried out not in the course or furtherance of a business.
Duties: They must appoint a Principal Designer for design work and a Principal Contractor for building work. If not appointed, the Designer and Contractor become the default duty holders.
Client (formerly known as the Applicant):
Definition: An individual or organization for whom a project is carried out.
Duties: They must appoint other duty holders, cooperate, and share building information. If they fail to appoint a Principal Designer or Principal Contractor, they must fulfill these duties until appointments are made.
Principal Designer (formerly known as the Agent):
Appointment: Appointed by the client or by default.
Responsibilities: Assist the client in providing the Pre-Construction Information Pack (if CDM 2015 Regulations apply), plan, manage, and monitor the design work to ensure compliance with building regulations, and communicate and collaborate with the Principal Contractor.
Principal Contractor (formerly known as the Builder):
Definition: Any business managing or controlling building work.
Duties: Share information relevant to the building work and ensure cooperation, communication, and coordination among all duty holders.
Notifications to Building Control (BCB):
· Initial Notice must be submitted at least two working days before starting work.
· Notice of Commencement required within five working days of when work is to be regarded as commenced:
o New Buildings or Extensions when the slab and all foundations are poured.
o All Other Building Work (Loft Conversions, Fit Out etc) when 15% of the work is completed.
Notice of Completion statement from the client confirming the completion of works is required. This must include the names, addresses, phone numbers, and email addresses of the client, Principal Contractor, and Principal Designer.
