Duty Holders made simple.
Client and Homeowners
A clear and simple guide on the responsibilities of the Client and/or Homeowner
General Summary of Duty Holders
Duty holders in the UK building industry primarily refer to roles defined under the Building Regulations 2010 (as amended, particularly Part 2A introduced in 2023), influenced by the Building Safety Act 2022.
These roles promote accountability for compliance with building regulations throughout design and construction. The regime applies to most building work requiring Building Regulations approval (with some exceptions for minor works).
It closely mirrors the duty holders in the Construction (Design and Management) Regulations 2015 (CDM 2015) but focuses specifically on ensuring building work complies with the regulations (e.g., safety, structural integrity, fire safety, accessibility).
Common Responsibilities for All Duty Holders
All duty holders must:
Plan, manage, and monitor their work to ensure compliance with building regulations. Cooperate with other duty holders, share information, and communicate effectively. Ensure competence (skills, knowledge, experience, and behaviours) for themselves and anyone they appoint, and only undertake work within their competence limits.
Duty Holder Forms
As a duty holder, it is your responsibility to fill out the required documentation and forms assuming that role. Below is a link as an example copy; however, your relevant RBCA or Local Authority will provide their own copy of the document.
Client Role
The party for whom the building work is carried out (e.g., developer, building owner, or organisation).
Key responsibilities:
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Make suitable arrangements for planning, managing, and monitoring the project, including allocating sufficient time and resources.
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Appoint (in writing) a principal designer and principal contractor where there is (or is likely to be) more than one contractor.
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Ensure other duty holders are competent and provided with relevant information.
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Verify that the principal designer and principal contractor are carrying out their duties.
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For domestic clients, duties may transfer to the contractor or principal contractor in many cases.
Ultimately speaking, you hold some of the biggest responsibilities, as you must appoint the appropriate professional for the role.
Should you decide to change Principal Contractor or Principal Designer during the development, you must notify your RBCA or Local Authority informing them of the date of termination and the date of the newly instructed contractor. This is because their role as a duty holder ends at this point and they are only liable for works to that point.
Once works are completed, should a circumstance occur whereby your duty holders refuse to sign the declaration form or you've not used an official Contractor or Architect for the scheme then you as the client can assume responsibility for the works.