A plain-English walkthrough of your legal responsibilities under the Building Safety Act 2022
Before your project begins, I need you to read and confirm that you understand your legal responsibilities as a duty holder under the Building Regulations. This is not small print — it is a legal requirement that applies to your project, and it matters that you understand what it means.
This walkthrough covers each duty holder role in plain English: what the law says, what it means for you, and what happens if the right appointments aren't made.
This takes around 15 minutes. Each section has a confirmation tick before you can proceed. At the end, you'll enter your name and project, provide your signature, and an email will open for you to send to me as a record of your acknowledgement.
Nothing leaves your device until you choose to send that email.
The legislation covered here is The Building Regulations etc. (Amendment) (England) Regulations 2023 (SI 2023/911), which amended The Building Regulations 2010 to introduce Part 2A — effective from 1 October 2023, applying to all regulated building work in England.
I understand that this document sets out legal requirements that apply to my project, and that I am reading it in order to confirm my understanding of those requirements.
The Building Safety Act 2022 and what it introduced
Since 1 October 2023, the rules governing who is responsible for what on a building project have changed fundamentally. The Building Regulations etc. (Amendment) (England) Regulations 2023 — made under the Building Safety Act 2022 — introduced a formal system of duty holders that applies to virtually every project requiring Building Regulations approval, from a house extension to a new commercial building — i.e. any works which are not considered to be DIY.
This isn't a niche piece of legislation buried in the small print. It applies to your project, and it places specific legal duties on specific people throughout the design and construction process.
Important: These regulations run alongside CDM 2015 and use the same role titles — but the duties are entirely separate. One does not satisfy the other.
There are four duty holder roles under the Building Regulations:
Every duty holder must be competent to fulfil their role — defined across four dimensions: Skills, Knowledge, Experience, and Behaviours (SKEB). All individuals and organisations involved in design decisions must also carry suitable Professional Indemnity insurance. The following sections cover each role in turn.
I have read and understood that The Building Regulations 2010, as amended by SI 2023/911 with effect from 1 October 2023, introduced a new duty holder system under Part 2A, and that this applies to my project.
The person commissioning the work — and what they must do
The Client is whoever is commissioning the work — the person or organisation for whom the project is being carried out. The law recognises two types of client, and their responsibilities are meaningfully different.
Domestic clients are private individuals having work done that is not connected to any business — typically homeowners commissioning extensions, loft conversions, or refurbishments.
Non-domestic clients are businesses, organisations, developers, landlords, or investors having work done in the course of their business activities.
When does this apply? When there is more than one contractor on site — for example a builder working with an independent electrician or plumber — is sufficient to trigger duty holder framework requirements.
Before reading further, please confirm which type of client you are. Your duties under the regulations differ depending on your answer, and the information below will be tailored accordingly.
Overall coordination of design-phase compliance
The Principal Designer — under the Building Regulations, not to be confused with the CDM Principal Designer role — is a designer appointed by the client to take overall responsibility for coordinating the design phase to ensure compliance with the Building Regulations.
They must be a designer — actively involved in the design process, not simply managing it from a distance. This role is about coordination and compliance oversight, not creative control. The Principal Designer doesn't replace other designers; they coordinate across the design process to ensure that the work of every designer on the project, taken together, results in a building that complies with the regulations. The BRPD role continues for as long as design work continues — including any design changes arising during the construction phase.
A Principal Designer must not accept an appointment they are not competent to fulfil.
The role of BRPD continues into the construction phase. Design decisions will need to be made in response to contractor queries, specification changes, and substitutions. Where Jake White Architecture is appointed as BRPD through Stage 4, a construction-phase monitoring service will be proposed. Should the Client decline this proposal, an alternative Principal Designer must be appointed in writing before works begin (RIBA Stage 5).
I understand the role and duties of the Principal Designer under the Building Regulations, that this is a separate role to the CDM Principal Designer, and that the appointment must be made in writing by me as the Client.
Overall coordination of construction-phase compliance
The Principal Contractor is the contractor appointed by the client to take overall responsibility for the construction phase of the project. On most domestic projects this will be the main or lead building contractor.
Appoint early. The Principal Contractor should be appointed in writing before or during the technical design stage — not after. Early involvement means they can contribute to compliance decisions while they can still be influenced.
I understand the role and duties of the Principal Contractor, and that it is my responsibility as the Client to appoint a competent Principal Contractor in writing before the construction phase begins.
Every member of the project team carries legal duties
Beyond the two principal roles, every designer and contractor working on the project carries their own individual legal duties. These apply regardless of whether a Principal Designer or Principal Contractor has been separately appointed.
A Designer (any individual or organisation producing design work, including architectural technologists, engineers, and consultants) must:
A Contractor must:
Every appointment at every level must be based on demonstrated competence across Skills, Knowledge, Experience and Behaviours (SKEB). The regulations require duty holders to refuse work they are not competent to undertake — and appointing someone who lacks the relevant competence is itself a breach, by the person making the appointment. Each duty holder also carries their own independent Regulation 11E obligations in respect of anyone they appoint.
I understand that all designers and contractors working on my project carry their own individual legal duties, and that every appointment I make must be based on demonstrated competence.
The legislation has no gaps — responsibilities default automatically
One of the most important things to understand about this legislation is that it contains no voids. If the required appointments are not made, responsibility does not disappear — it transfers automatically by operation of law, whether the person it transfers to is aware of it or not.
| Situation | Legal result |
|---|---|
| Domestic client doesn\'t appoint a Principal Designer | The designer in control of the design phase becomes Principal Designer by default |
| Domestic client doesn\'t appoint a Principal Contractor | The contractor in control of construction becomes Principal Contractor by default |
| Commercial client doesn\'t appoint a Principal Designer | The commercial client must fulfil the Principal Designer duties themselves |
| Commercial client doesn\'t appoint a Principal Contractor | The commercial client must fulfil the Principal Contractor duties themselves |
| Only one designer on the project | That designer is treated as Principal Designer |
| Only one contractor on the project | That contractor is treated as Principal Contractor |
Default is not a safety net. It is a legal burden that falls on whoever is in control, and in our opinion increases exposure to the Client. Appoint in writing as early as possible, and certainly before the construction phase begins (Regulation 11D(3)).
Design and Build contracts
A different procurement route changes the duty holder structure
On a design and build project, the Principal Designer role cannot be novated — the client appointment cannot simply transfer contractually to the contractor. A contractor acting as PD cannot pass their statutory liability to any sub-consultant. The duty stays with whoever holds the direct client appointment (RIBA Practice Note, November 2024).
Where a D&B route is preferred, Jake White Architecture can provide an advisory service to support the PC in their capacity as Principal Designer — but does not assume statutory liability for the role.
These notes apply to standard (non-higher-risk) buildings only. Higher-risk buildings — broadly, residential buildings of seven storeys or more, or exceeding 18 metres, and certain hospitals and care homes — carry additional obligations under a separate process overseen by the Building Safety Regulator. Jake White Architecture does not undertake higher-risk building work.
I understand that if the required appointments are not made, responsibilities transfer automatically by law, and that making appointments in writing at the outset is the correct and legally safe approach.
Optional — Design and Build procurement: My project may involve a Design and Build procurement route and I would like to discuss the duty holder appointment structure with Jake White Architecture before any appointments are made.
Design and Build procurement changes the duty holder structure as described above. Ticking this box flags that this should be discussed as part of the initial appointment conversation.
Sign below to confirm you have read and understood all sections
You have confirmed your understanding of all six sections. Please enter your project details and full name, then sign in the box below. Pressing Send Acknowledgement will open your email client with a pre-composed message to Jake White Architecture, containing a full record of your acknowledgement including your signature.
Nothing has left your device yet. The email is not sent automatically — you review and send it yourself.
Please enter a project description.
Please enter your full name.
Please provide your signature.
By sending this acknowledgement, you confirm that you have read and understood all sections of this document, and that you are the Client named above in relation to the project for which Jake White Architecture has been engaged. This acknowledgement is provided for record-keeping purposes under the duty holder requirements of The Building Regulations etc. (Amendment) (England) Regulations 2023 (SI 2023/911).
This document is a summary for information purposes. It does not constitute legal advice, nor does it constitute an appointment of a Building Regulations Principal Designer. For full statutory requirements, refer to The Building Regulations 2010 (as amended) and SI 2023/911.
Your .eml file has been downloaded — open it in your email client and hit Send.
If the .eml file did not display correctly — click View formatted record below, then press Ctrl+P / Cmd+P, save as PDF, attach to a new email and send to [email protected]
Jake White Architecture · BRPD · Haywards Heath · Sussex
www.jakewhitearchitecture.com