David Savage contributes to RICS Built Environment Journal on changes to the dutyholder regime during design and construction

A new dutyholder regime during the design and construction of buildings in England has been introduced by the UK government, in accordance with the Building Safety Act 2022.

The new dutyholder regime applies only in England, and is applicable with some exceptions to all works to buildings (or parts of buildings) where Building Regulations approval is needed. The new rules aim to ensure dutyholders are in place who are legally accountable, and that compliance with wider Building Regulations is ensured through procedures and systems for planning, managing and monitoring the design and construction of building works.

The changes are designed to ensure that completed building works fully comply in matters not only concerning fire and structural safety, but regarding energy and water efficiency, and CO2 emissions. The main changes mean that clients must be more fully engaged in the process - making the assessment of competence, facilitating documentation, and holding ultimate responsibility for ensuring compliance with Building Regulations.

David Savage, Partner in our Construction, Engineering and Projects team, writes in RICS Built Environment Journal:

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.

Read the full article in RICS Built Environment Journal here.