Building Safety Act Whitepaper – The Secondary Legislation: Part Two – Understanding dutyholder obligations

Understanding dutyholder obligations in the secondary legislation

A series of new duty holder roles have been introduced into building regulations. These have a responsibility to ensure arrangements and systems are in place for building and design work, complying with the law. Individuals must be able to evidence they have the appropriate skills, knowledge, experience and behaviours to perform their roles, and organisations must be able to demonstrate their organisational capabilities.

In this whitepaper we cover:

• What is the secondary legislation to the UK Building Safety Act 2022?
• Dutyholder obligations
  • Client
  • Principal contractor
  • Contractor and Designer
• Conclusion

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Background to the Building Safety Act 2022 

In July 2020, the Government introduced the Draft Building Safety Bill, aimed at advancing comprehensive reforms to the building safety system and addressing concerns identified by Dame Judith Hackitt DBE in her independent review, “Building a Safer Future.” 

The new regime under the BSA 2022 applies from and including 1 October 2023, and applies to both occupied buildings and those under construction. From and including 1 October 2023, new buildings that fall within the regime and are “completed” after this date must be registered before the building is occupied. 

The Building Safety Act 2022 stands as the primary legislative framework that legally establishes building safety standards throughout the design, construction, and occupation phases. While the Act’s practical implementation will depend on detailed regulations, often referred to as Statutory Instruments, these secondary legislations will provide specific guidance on its enforcement.