Domestic client for building design and construction
The CIOB Code of practice for project management defines a client as the 'Entity, individual or organisation commissioning and funding the project, directly or indirectly.' Under the Building Regulations, 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.’ Domestic clients are treated differently because, rather like consumers, they are generally inexpert buyers of design and building services and are thus deserving of protection.. Domestic clients still have responsibilities or duties, though they may be less onerous than those of non-domestic clients.
The Building Safety Act 2022 (BSA) responded to shortcomings in terms of duties that were highlighted by the Hackitt review, through secondary legislation, The Building Regulations etc. (Amendment) (England) Regulations 2023 which Introduced new duty holder roles with accompanying duties, requiring they have adequate competence and imposing new procedures to mitigate risks to the safety of building users. Whilst clients are also in the list of duty holders along with designers, contractors, principal designers and principal contractor, some of these duties do not extend to domestic clients.
Domestic clients are by example not required to ensure suitable arrangements as per clients, because the assumption is that they are generally inexperienced persons. For domestic clients, where there is only one contractor, the duty is the contractor’s by default, where there is more than one contractor, the duty is either with the Building Regulations principal contractor or, where agreed in writing, it is with the Building Regulations principal designer, Where more than one client exists on a project, they must agree between them in writing who is to take on the Building Regulations client role. It is important to note however, that the client must satisfy themself that these duties have been allocated. Domestic clients still have some duties under the Building Regulations, such as providing information to the extent that it is in the possession of the client or reasonable to obtain and to cooperate with other dutyholders.
In the context of the Construction (Design and Management) Regulations (CDM regulations) construction clients are defined as as '...organisations or individuals for whom a construction project is carried out.' The regulations define 'domestic clients' as '... people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not. ' Local authorities, housing associations, charities, management companies owned by the residents or homeowners, landlords and other businesses may own domestic property but they are not domestic clients. It is the status of the person procuring the work that determines whether they are a domestic client, not the nature of the premises. For example, if construction work is procured by a local authority, they are not a domestic client, even though the work is being done in domestic premises for the benefit a householder.
See also Client responsibilities, ACA safety guide to the roles and responsibilities of domestic clients and CDM for self-builders and domestic clients for more information.
[edit] Related articles on Designing Buildings
- ACA safety guide to the roles and responsibilities of domestic clients.
- Building Safety Act client.
- CDM 2015.
- CDM client.
- CDM for self-builders and domestic clients.
- Client.
- Construction phase plan.
- Health and safety.
- Health and Safety Executive.
- Health and safety file.
- Notify HSE.
- Personal protective equipment.
- Principal contractor.
- Self build.
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