Dutyholders in the construction industry - Revision history

Designing Buildings at 07:03, 28 May 2024

2024-05-28T07:03:53Z

← Older revision		Revision as of 07:03, 28 May 2024
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	* Insist that these dutyholders have adequate competence.		* Insist that these dutyholders have adequate competence.
	* Impose new procedures to mitigate risks to the safety of building users.		* Impose new procedures to mitigate risks to the safety of building users.
		+
		+	In the context of the UK Building Safety Act, dutyholders are individuals or organisations that have specific legal duties and responsibilities related to the safety and compliance of buildings, particularly higher-risk buildings. The concept of dutyholders is central to the regulatory framework established by the Building Safety Act, which aims to clarify roles and responsibilities throughout the lifecycle of a building. Dutyholders play a crucial role in ensuring the safety and compliance of buildings, promoting a culture of accountability and transparency, and protecting the health, safety, and well-being of building occupants and the wider community.

	Closely related to these measures, the BSA also amended the Building Act 1984 to make dutyholders’ non-compliance more punitive in various ways.		Closely related to these measures, the BSA also amended the Building Act 1984 to make dutyholders’ non-compliance more punitive in various ways.
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	* What approvals are needed before construction begins.		* What approvals are needed before construction begins.

−	~~[[Category:Articles_needing_more_work]]~~ [[Category:DCN_Definition]] [[Category:DCN_Person]] [[Category:Appointments]] [[Category:Construction_management]]	+	[[Category:DCN_Definition]] [[Category:DCN_Person]] [[Category:Appointments]] [[Category:Construction_management]]

Editor at 13:17, 30 January 2024

2024-01-30T13:17:44Z

← Older revision		Revision as of 13:17, 30 January 2024
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	Closely related to these measures, the BSA also amended the Building Act 1984 to make dutyholders’ non-compliance more punitive in various ways.		Closely related to these measures, the BSA also amended the Building Act 1984 to make dutyholders’ non-compliance more punitive in various ways.

−	== Dutyholders under the Building Regulations etc. (Amendment) ~~(England) Regulations~~ 2023 ? ==	+	== Dutyholders under the Building Regulations etc. (Amendment) 2023 ==

	As the name suggests, dutyholders are persons (i.e., individuals or corporate bodies) with legal duties. The new changes to the BRegs identify five kinds:		As the name suggests, dutyholders are persons (i.e., individuals or corporate bodies) with legal duties. The new changes to the BRegs identify five kinds:

Editor at 13:17, 30 January 2024

2024-01-30T13:17:07Z

← Older revision		Revision as of 13:17, 30 January 2024
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	For more information see: CDM		For more information see: CDM

−	= Other dutyholders =	+	= Building Safety Act 2022 =
		+
		+	The Building Safety Act 2022 introduced the most radical change to the English regulatory landscape for the built environment in a generation. Needless to say, many of the changes have far-reaching consequences for construction clients. Some of the biggest changes have been to the Building Regulations 2010. Not only do they introduce new procedures, but they also impose new duties on construction clients, with, under revisions to the Building Act 1984, harsher penalties for failures to comply.
		+
		+	The Building Safety Act 2022 (BSA) responded to these shortcomings, opening the way for a piece of secondary legislation– The Building Regulations etc. (Amendment) (England) Regulations 2023 – to fix them. It does this by amending the BRegs to:
		+
		+	* Introduce new dutyholder roles with accompanying duties.
		+	* Insist that these dutyholders have adequate competence.
		+	* Impose new procedures to mitigate risks to the safety of building users.
		+
		+	Closely related to these measures, the BSA also amended the Building Act 1984 to make dutyholders’ non-compliance more punitive in various ways.
		+
		+	== Dutyholders under the Building Regulations etc. (Amendment) (England) Regulations 2023 ? ==
		+
		+	As the name suggests, dutyholders are persons (i.e., individuals or corporate bodies) with legal duties. The new changes to the BRegs identify five kinds:
		+
		+	* client
		+	* designer
		+	* contractor
		+	* principal designer
		+	* principal contractor
		+
		+	It is possible for one person to take on more than one dutyholder role. For example, principal dutyholders do just that: they have designer or contractor duties, with additional principal dutyholder obligations on top.
		+
		+	== Clients ==
		+
		+	Under the BRegs, a ‘client’ is ‘any person for whom a project is carried out.’ There is a special sub-category of client called a ‘domestic client’, which means ‘a client for whom a project is carried out which is not in the course or furtherance of a business of that client.’
		+
		+	This includes Mr and Mrs Smith extending their home. They are treated differently because, rather like consumers, they are generally inexpert buyers of design and building services and are thus deserving of protection. Although they still have duties, these duties are less onerous than those of non-domestic clients.
		+
		+	A client cannot escape the client duties. Indeed, if a client fails to appoint others to dutyholder roles, or if other dutyholders’ contracts come to an end before the project has concluded, a client may find itself responsible for carrying out other dutieson top of its own.
		+
		+	== Other dutyholders ==
		+
		+	The other dutyholders all have a general duty to cooperate and comply with relevant requirements, which of course helps clients in meeting their duties.
		+
		+	A ‘designer’ is ‘any person who in the course of a business either carries out any design work, or arranges for, or instructs, any person under their control to do so.’
		+
		+	This definition is rather broad and can easily extend to persons who might ordinarily think of themselves primarily as contractors or clients (or domestic clients).
		+
		+	A ‘contractor’ is ‘any person who, in the course of a business, carries out, manages or controls any building work.’
		+
		+	This group can include a client but not a domestic client.
		+
		+	In a bid to assign accountability for compliance, the BRegs now require you to identify one designer and one contractor to be responsible for signing off on, respectively, all the design work and all the building work. The collective name for these persons is ‘principal dutyholders’.
		+
		+	Principal dutyholders are the client’s best friends, the persons they rely on to help them to comply, secure a completion certificate from the relevant authority, and thus manage their ongoing liabilities for the safety of users in their buildings.
		+
		+	A ‘principal designer’ takes on additional duties on top of their duties as designers. To do so, they must have ‘control over the design work.’
		+
		+	A ‘principal contractor’ takes on additional duties on top of their duties as contractors. They must have ‘control over the building work.’
		+
		+	Although there can only ever be one of each principal dutyholder in post at one time, it is of course possible to replace them mid-project.
		+
		+	= Dutyholders under other regulations and acts =

	Other individuals may be considered to be a form of dutyholder. For example:		Other individuals may be considered to be a form of dutyholder. For example:
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	* A duty of good faith may arise in international law.		* A duty of good faith may arise in international law.
	* The Localism Act 2011 placed a legal ‘duty to cooperate’ on local planning authorities.		* The Localism Act 2011 placed a legal ‘duty to cooperate’ on local planning authorities.
−	* The Building Safety Bill will introduce a number of dutyholders when it comes into force.

	For more information see: Duty.		For more information see: Duty.
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	* What approvals are needed before construction begins.		* What approvals are needed before construction begins.

−	[[Category:DCN_Definition]] [[Category:DCN_Person]] [[Category:Appointments]] [[Category:Construction_management]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Person]] [[Category:Appointments]] [[Category:Construction_management]]

Designing Buildings at 09:41, 8 December 2021

2021-12-08T09:41:08Z

← Older revision		Revision as of 09:41, 8 December 2021
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	For more information see: Duty.		For more information see: Duty.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* 2007 CDM regulations.		* 2007 CDM regulations.
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	* Duty.		* Duty.
	* Domestic client.		* Domestic client.
		+	* Primary duty.
	* What approvals are needed before construction begins.		* What approvals are needed before construction begins.

	[[Category:DCN_Definition]] [[Category:DCN_Person]] [[Category:Appointments]] [[Category:Construction_management]]		[[Category:DCN_Definition]] [[Category:DCN_Person]] [[Category:Appointments]] [[Category:Construction_management]]

Editor at 14:57, 14 December 2020

2020-12-14T14:57:29Z

← Older revision		Revision as of 14:57, 14 December 2020
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	* What approvals are needed before construction begins.		* What approvals are needed before construction begins.

−	[[Category:Appointments]] [[Category:Construction_management]]	+	[[Category:DCN_Definition]] [[Category:DCN_Person]] [[Category:Appointments]] [[Category:Construction_management]]

Designing Buildings at 10:24, 20 July 2020

2020-07-20T10:24:14Z

← Older revision		Revision as of 10:24, 20 July 2020
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	* There is a duty of care to ensure that another party does not suffer unreasonable harm or loss can as a result of contractual obligations and/or the tort of negligence.		* There is a duty of care to ensure that another party does not suffer unreasonable harm or loss can as a result of contractual obligations and/or the tort of negligence.
	* A duty of good faith may arise in international law.		* A duty of good faith may arise in international law.
−	* The Hackitt review of the building regulations and fire safety, final report, proposes the concept of dutyholders who have clear responsibilities throughout a building’s design, construction and occupation.
	* The Localism Act 2011 placed a legal ‘duty to cooperate’ on local planning authorities.		* The Localism Act 2011 placed a legal ‘duty to cooperate’ on local planning authorities.
−	* [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/877628/A_reformed_building_safety_regulatory_system_-_gvt_response_to_the_Building_a_Safer_Future_consultation.pdf A reformed building safety regulatory system, Government response to the ‘Building a ~~Safer Future’ consultation], Ministry~~ of ~~Housing, Communities and Local Government, April 2020 defines the 'accountable person' as: ‘The duty-holder during a building’s occupation~~.’	+	* The Building Safety Bill will introduce a number of dutyholders when it comes into force.

	For more information see: Duty.		For more information see: Duty.

Designing Buildings at 08:52, 6 April 2020

2020-04-06T08:52:24Z

← Older revision		Revision as of 08:52, 6 April 2020
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	In construction, a duty holder is any person who is appointed to be responsible for a specific aspect of a building or project. Their responsibility is usually to maintain an overall standard and quality that is conducive to good health and safety and quality of work. The duty holder therefore has a duty to their employers, their colleagues and ultimately the building users and passers-by.		In construction, a duty holder is any person who is appointed to be responsible for a specific aspect of a building or project. Their responsibility is usually to maintain an overall standard and quality that is conducive to good health and safety and quality of work. The duty holder therefore has a duty to their employers, their colleagues and ultimately the building users and passers-by.
		+
		+	They are key roles (whether fulfilled by individuals or organisations) that are assigned specific responsibilities at particular phases of the building life cycle.

	= CDM =		= CDM =

Designing Buildings at 08:42, 6 April 2020

2020-04-06T08:42:55Z

← Older revision		Revision as of 08:42, 6 April 2020
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	* The Hackitt review of the building regulations and fire safety, final report, proposes the concept of dutyholders who have clear responsibilities throughout a building’s design, construction and occupation.		* The Hackitt review of the building regulations and fire safety, final report, proposes the concept of dutyholders who have clear responsibilities throughout a building’s design, construction and occupation.
	* The Localism Act 2011 placed a legal ‘duty to cooperate’ on local planning authorities.		* The Localism Act 2011 placed a legal ‘duty to cooperate’ on local planning authorities.
		+	* [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/877628/A_reformed_building_safety_regulatory_system_-_gvt_response_to_the_Building_a_Safer_Future_consultation.pdf A reformed building safety regulatory system, Government response to the ‘Building a Safer Future’ consultation], Ministry of Housing, Communities and Local Government, April 2020 defines the 'accountable person' as: ‘The duty-holder during a building’s occupation.’

	For more information see: Duty.		For more information see: Duty.

Designing Buildings: moved Dutyholder to Dutyholders in the construction industry

2019-12-27T11:53:04Z

moved Dutyholder to Dutyholders in the construction industry

← Older revision

Revision as of 11:53, 27 December 2019

Designing Buildings at 11:14, 9 September 2019

2019-09-09T11:14:45Z

← Older revision		Revision as of 11:14, 9 September 2019
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		+	= Introduction =
		+
	In construction, a duty holder is any person who is appointed to be responsible for a specific aspect of a building or project. Their responsibility is usually to maintain an overall standard and quality that is conducive to good health and safety and quality of work. The duty holder therefore has a duty to their employers, their colleagues and ultimately the building users and passers-by.		In construction, a duty holder is any person who is appointed to be responsible for a specific aspect of a building or project. Their responsibility is usually to maintain an overall standard and quality that is conducive to good health and safety and quality of work. The duty holder therefore has a duty to their employers, their colleagues and ultimately the building users and passers-by.

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	* CDM for self-builders and domestic clients.		* CDM for self-builders and domestic clients.
	* CDM Principles of prevention.		* CDM Principles of prevention.
−	* ~~Deleterious materials~~.	+	* Duty.
	* Domestic client.		* Domestic client.
−	* Hazardous substances.
−	* Health and safety file.
−	* Health and safety offences, corporate manslaughter and food safety and hygiene offences definitive guideline.
−	* Health and safety policy.
−	* Pollution.
−	* Pre-construction information.
−	* Safety briefing.
−	* Safety management.
−	* Toolbox talk.
	* What approvals are needed before construction begins.		* What approvals are needed before construction begins.

	[[Category:Appointments]] [[Category:Construction_management]]		[[Category:Appointments]] [[Category:Construction_management]]