Building safety principal designers and principal contractors – who does what?

Client (Non-domestic)

BRPD

BRPC

Pre-Appointment

Must have suitable arrangements in place to satisfy the planning, management, and monitoring requirements. The arrangements should facilitate cooperation among all designers and contractors. (Building Reg 11A(1) – 11A(2))

Prior to any construction work commencing, the client must make the BRPD and BRPC appointments in writing. (Building Reg 11D(1) & 11D(3)(b))

This may be done by certifying in writing that the person who is the CDM principal designer / principal contractor is the BRPD / BRPC. (Building Reg 11D(2))

Take all reasonable steps to satisfy itself that the BRPD and BRPC satisfy the competency requirements. (Building Reg 11E(4) & 11E(5))

Must not act unless they satisfy the competency requirements to carry out any design work. (Building Reg 11E(7)(a))

If stepping in as a replacement BRPD, they must review the previous arrangements and design to ensure compliance with the BRPD duties and the Building Regulations. (Building Reg 11M(6))

Must not act unless they satisfy the competency requirements to carry out any design work. (Building Reg 11E(7)(b))

If stepping in as a replacement BRPC, they must review the previous arrangements to ensure the compliance with the BRPC duties and the Building Regulations. (Building Reg 11N(6))

Throughout Project

An ongoing responsibility to maintain and review the arrangements for planning, managing and monitoring the project to ensure these are suitable and comply with the regulations. This also includes regularly considering whether the work could become higher-risk building (HRB) work. (Building Reg 11A(3) & 11B(2))

A responsibility to provide building information to every designer and contractor on the project as soon as practicable. (Building Reg 11A(4))

A general duty to cooperate with any person working on, or in relation to, the project, as far as necessary enable it to fulfil duties / functions under the Building Regulations. (Building Reg 11A(5))

If the client changes, the new client must give notice(s) to the relevant authority including certain details. (Building Reg 11O)

Must plan, manage and monitor the design work during the design phase. (Building Reg 11M(1)(a))

Must coordinate, cooperate and communicate with all dutyholders, designers and any others involved with the design work, taking all reasonable steps to ensure that if built in accordance with their design, the building work would comply with all relevant requirements. (Building Reg 11M(1) – (5))

Must take all reasonable steps to ensure that designers and any other persons involved in the design work comply with their respective duties and co-operate with the client, BRPD and BRPC, and each other. (Building Reg 11M(2))

Must review and regard all comments from the BRPC, including liaising with them and sharing information relevant to the planning, management and monitoring of the building work and the coordination of the building and design work to ensure compliance with all relevant requirements. Building (Reg 11M(3) – 11M(4))

Assist the client in providing information to other designers and contractors if requested. (Building Reg 11M(5))

If no longer meeting the competency requirements in relation to any design work, notify the client. (Building Reg 11I(1))

If appointed as a replacement BRPD, they must review the arrangements which the previous BRPD put in place to satisfy its duties of coordination, cooperation and communication, so that all reasonable steps are taken to ensure that if built in accordance with the design, the building work would comply with all relevant requirements. (Building Reg 11M(6))

Must plan, manage and monitor the building work during the building stage. (Building Reg 11N(1)(a))

Must coordinate, cooperate and communicate with all dutyholders, contractors and any others involved in the building work taking all reasonable steps to ensure the work complies with all relevant requirements. (Building Reg 11N(1) – (5))

Must take all reasonable steps to ensure that all contractors and any others involved in the building work comply with their respective duties and co-operate with the client, BRPD and BRPC, and each other. (Building Reg 11N(2))

Must review and regard all comments from the BRPD, including liaising with them and sharing information to the planning, management and monitoring of the design work and the coordination of the building and design work to ensure compliance with all relevant requirements. (Building Reg 11N(3) – 11M(4))

Assist the client in providing information to other designers and contractors if requested. (Building Reg 11N(5))

If no longer meeting the competency requirements in relation to any building work, notify the client. (Building Reg 11I(1))

If appointed as a replacement BRPC, they must review the arrangements which the previous BRPC put in place to satisfy its duties of coordination, cooperation and communication, to ensure that the building work is in compliance with all relevant requirements. (Building Reg 11M(6))

At Completion

Must provide a notice to the relevant authority within five days of project completion. Generally, this notice should include:

details of the client, the BRPC and the BRPD

a statement confirming that building work is complete;

a signed statement from the client confirming the work complies with the Building Regulations to the best of the client’s knowledge; and

a signed statement from the BRPC and the BRPD confirming compliance with its duties under the Building Regulations.

(Building Reg 16(4))

Within 28 days of the end of its appointment, give the client a document explaining the arrangements it put in place to satisfy its duties of coordination, cooperation and communication. (Building Reg 11M(5))

Within five days of completion of the building work, provide a statement which confirms their details, the dates of their appointment and confirmation that they complied with their duties as a BRPD under Part 2A (dutyholders and competence) of the Building Regulations (or the person carrying out the building work must give a statement with the reasons why that statement is not included). (Building Reg 16(4A))

Within 28 days of the end of its appointment, give the client a document explaining the arrangements it put in place to satisfy its duties of coordination, cooperation and communication. (Building Reg 11N(5))

Within five days of completing the building work, provide a statement which confirms their details, the dates of their appointment and confirmation that they complied with their duties as a BRPC under Part 2A (dutyholders and competence) of  the Building Regulations (or the person carrying out the building work must give a statement with the reasons why that statement is not included). (Building Reg 16(4A))

Additional Requirements for HRBs

Must ensure dutyholders working on the project are aware it includes HRB work and the nature of the work. (Building Reg 11B(1))

Provide a fire statement to the local authority when applying for planning permission (referred to as “Gateway One”). The Town and Country Planning (General Permitted Development) (England) Order 2015 as amended.

Prior to submitting the building control approval before commencing any construction work (referred to as “Gateway Two”), the client is required to make the BRPD and BRPC appointments in writing. (Building Reg 11D(3)(a))

Must also keep a written record of taking all reasonable steps to satisfy itself that the BRPD and BRPC satisfy the competency requirements, asking whether any “serious sanction” has occurred and considering any information available relating to “any misconduct” in relation to them, before allowing them to carry out any work. (Building Reg 11D(8) – (9) & 11E(2)(b))  

Required to apply for Gateway Two. The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (“HRB Procedures Regs”) Regs 3 -  4 for new HRBs

The Gateway Two application should be submitted with detailed information and documents, including a construction control plan and various compliance and competence declarations. This includes the “Building Regulations compliance statement” setting out the design principles and building standards to be applied to the work for the first stage and a summary of those to be applied beyond that stage. (HRB Procedures Regs Reg 3 – 4 )

Responsible for creating and maintaining the “Golden Thread” – an electronic system which holds all information and documentation in respect of the building (including various compliance and competence declarations), the design and construction of the same, and any relevant safety information. (HRB Procedures Reg 31)

Must submit the application for a completion certificate to the Building Safety Regulator (referred to as “Gateway Three”). The building cannot be registered or occupied until this has been granted. This includes a statement signed by the client (or someone on their behalf) confirming to the best of the client's knowledge the relevant work as built complies with all applicable requirements of the Building Regulations. (HRB Procedures Reg 40 – 44)

Establish before construction work begins, a suitable mandatory occurrence reporting system for any safety occurrences. The BRPD is also responsible for maintaining this system throughout the construction phase and reporting any safety occurrences. (HRB Procedures Reg 32-37)

Keep a written record of the steps they have taken to satisfy themselves that any of their appointees carrying out design work satisfy the competency requirements and asking whether any “serious sanction” has occurred and considering any information available relating to “any misconduct” in relation to them, before allowing them to carry out any work. (Building Reg 11E(2) & 11D(10))

Must provide the client with designs for the building work before the Gateway Two application. (HRB Procedures Reg 31(3))

Ensure an appropriate frequency of inspections of HRB design work for safety occurrences throughout the construction phase. (HRB Procedures Reg 32(4))

On completion provide a compliance declaration to the client – a signed document with their details, the dates of their appointment and confirmation that they fulfilled their duties as a BRPD under Part 2A (dutyholders and competence) of the Building Regulations. This will form part of the Gateway Three application (or the client must submit a statement explaining why this compliance declaration has not been provided). (HRB Procedures Reg 40 – 44)

Establish before construction work begins, a suitable mandatory occurrence reporting system for any safety occurrences. The BRPC is also responsible for maintaining this system throughout the construction phase and reporting any safety occurrences. (HRB Procedures Reg 32-37)

Keep a written record of the steps they have taken to satisfy themselves that any of their appointees carrying out building work satisfy the competency requirements and asking whether any “serious sanction” has occurred and considering any information available relating to “any misconduct” in relation to them, before allowing them to carry out any work. (Building Reg 11E(2) & 11D(10))

Ensure an appropriate frequency of inspections of the work for safety occurrences throughout the construction phase. (HRB Procedures Reg 32(3))

On completion provide a compliance declaration to the client – a signed document with their details, the dates of their appointment and confirmation that they fulfilled their duties as a BRPC under Part 2A (dutyholders and competence) of the Building Regulations. This will form part of the Gateway Three application (or the client must submit a statement explaining why this compliance declaration has not been provided). (HRB Procedures Reg 40 – 44)