Changes to the dutyholder regime during design and construction

The new dutyholder regime is applicable to England only and applies – with some exceptions – to all works to buildings (or parts of buildings), where Building Regulations approval is required.

The regime does not apply to works where a building notice or deposit of full plans are not required due to the minor nature of the works, or to works started before 1 October 2023.

The client is ultimately responsible for checking and recording the competency of the other dutyholders, and must also appoint both a principal designer and a principal contractor where there is more than one designer and/or contractor involved in the works.

Somewhat confusingly, the terms principal designer and principal contractor are also used in the Construction (Design and Management) Regulations 2015 (CDM 2015). However, it is important to note that these are distinct and separate roles – although the same person(s) can be appointed to carry out both roles.

The responsibilities of each dutyholder vary slightly, and are subject to additional duties if the works are in relation to an higher-risk building (HRB).

There is a separate regime in place for in-occupation dutyholders, which lies outside the scope of this article.

The regime is designed to ensure that completed building works fully comply with Building Regulations, in matters not just concerning fire and structural safety, but also including (among others) energy and water efficiency, and CO2 emissions.

The client is seen as setting the tone for the works. Among their other duties, the client: 'must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) so as to ensure compliance with all relevant requirements.'

Arrangements may be considered 'suitable' if they ensure: 

• design and building works are carried out in compliance with all relevant requirements
• contractors and designers cooperate effectively with one another.

Before permitting another party to carry out works, reasonable steps must be taken to be satisfied that the party fulfils the competency requirements for their role, such as having 'the skills, knowledge, experience and behaviours necessary' as defined in the Building Regulations etc. (Amendment) (England) Regulations 2023.

Often, contracts between parties will contain an express provision made by the contractor and designer that they have the requisite competencies for their role.

For projects where there is more than one contractor, Building Regulations require the client to appoint in writing:

• a designer with control over the design works as the principal designer
• a contractor with control over the building works as principal contractor.

If no such written appointments are in place, the client must be able to state that the principal designer or principal contractor appointed under CDM 2015 be treated as having been appointed for the purposes of the Building Regulations.

This golden thread is the collecting, managing and storing of information relating to a HRB during its lifetime, from design and construction to occupation and ongoing management. Its purpose is to allow others to understand the building and how its safety is to be maintained at all times.

The golden thread would demonstrate, for example, that the works (and therefore the building) are fully compliant with Building Regulations by providing detailed evidence of how this was achieved, as well as identifying any risks and how they are managed and mitigated.

The golden thread must be accurate, accessible, secure and up to date.

The information in the golden thread must be stored and transferred by electronic means. There is no specific prescribed method, which allows the appropriate dutyholders a degree of flexibility.