Building Safety FAQs

The building safety regime applies to all buildings but has a special focus on 'higher-risk buildings' (HRBs). 

Broadly speaking, HRBs are defined under s.65 and s.120D of the Building Safety Act 2022 as buildings in England that are at least 18m (or seven storeys) high and contain at least two residential units. However, the exact definition and exclusions depend on the building's phase.

During the design and build phase, exclusions (Reg 7, Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023) include secure residential institutions, hotels and military premises, while care homes and hospitals which meet the height/storey criteria and which contain at least two residential units are caught by the definition of HRBs. 

During the occupation phase, exclusions (Reg 8, Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023) include secure residential institutions, care homes, hospitals, hotels and military premises, regardless of the number of residential units.

For height measurement details and specific criteria/exclusions per phase, refer to the Regulations and the Guidance.

As part of the building safety regime, the Building Regulations etc. (Amendment) (England) Regulations 2023 were implemented to improve the design, construction and management of all buildings. 

Learn more about the specific responsibilities on designers, developers, contractors and others below.

1. Make suitable arrangements to ensure compliance with requirements.

The client (i.e., the developer) must make suitable arrangements for planning, managing and monitoring a project — including the allocation of sufficient time and other resources — to ensure compliance with all relevant requirements (Reg 11A(1)).

Arrangements are deemed “suitable” if:

1. they ensure that the design work is carried out so that, if built, the works would be in compliance with all relevant requirements
2. they ensure the building work is carried out in accordance with all relevant requirements
3. they enable the designers and contractors to cooperate with each other to ensure compliance with all relevant requirements
4. they provide for periodic review of the building work (and the design work) included (or to be included) in the project to identify whether it’s higher-risk building work (Reg 11A(2)).

These arrangements must be maintained and reviewed throughout the project by the client.

It’s important to note that the client must take care to provide building information as soon as practicable to every designer and contractor on the project (Reg 11A(4)). Where there is more than one client in relation to a project, a mechanism is set out under Regulation 11A (6) to establish the ‘client’ for the purposes of the Regulations. 

The client must also cooperate with any other person working on or in relation to the project to the extent necessary to enable any person with a duty or function under the Regulations to fulfil that duty or function (Reg 11A(5)).

2. Provide information relating to the higher-risk elements of the project

The client must make suitable arrangements to ensure that information is provided to the designers and contractors to make them aware that the project includes higher-risk building work (if any) and the nature of that work (Reg 11B(1)).

This duty includes a requirement to ensure that the client periodically reviews the building and design work to identify whether the work is higher-risk building work and ensure this information is communicated to designers and contractors where the work becomes higher-risk building work (Reg 11B(2)).

3. Appoint a principal designer and principal contractor

Where the project relates to a higher-risk building, this appointment must be made before the application for building control approval is submitted. For all other projects, the appointment must be made before the construction phase begins. This is to ensure that all parties are aware of their duties and responsibilities to the project (Reg 11D(3)).

On appointing a principal designer or principal contractor, it would be prudent to keep a record, in writing, of the steps taken before permitting that person to carry out any work to satisfy yourself that they’re competent to fulfil their duties as principal contractor or principal designer (Reg 11E(4) and (5)). For higher-risk building work, this is a requirement. The client must keep a record, in writing, for each appointment and the steps taken to satisfy themselves of the competency and ability for that person to plan, monitor and supervise works before they begin any works to site (Reg 11D (8)-(10) inclusive with reference to Reg 11E (2), (3), (4) and (5)).

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

A client (i.e., a developer) will need to appoint in writing a Building Safety Act (BSA) principal designer (and a BSA principal contractor) to any building project that is likely to have more than one contractor (Reg 11D(1)). It’s important to note that these roles are different to the principal designer and principal contractor roles under the CDM Regulations 2015 (CDM).

The BSA principal designer is a designer with control over the design work. The BSA principal contractor is a contractor with control over the building work (Reg 11D(1)).

If the client certifies in writing that the CDM principal designer/contractor is treated as appointed as the BSA principal designer/contractor, the client is treated as complying with the requirements of Reg 11D(1) (Reg 11D(2)).

Where the appointment of a BSA principal designer/principal contractor ends before the conclusion of the project, the client must appoint a new BSA principal designer/contractor as soon as reasonably practicable (Reg 11D(4)).

Where the client fails to appoint a principal designer (or replacement principal designer) or, as the case may be, a principal contractor (or replacement principal contractor), the client must fulfil the duties of the principal designer or the principal contractor until they appoint another person to that role (Reg 11D(5)).

Where there is only one contractor working on a project, that contractor is to be treated as appointed as the BSA principal contractor and must fulfil the duties of the BSA principal contractor in the Regulations (Reg 11D(6)).

Where there is only one contractor and one designer working on a project (or it’s reasonably foreseeable that there will be only one designer working on a project), that designer must fulfil the duties of the BSA principal designer in the Regulations (Reg 11D(7)(a)).

Where there is only one contractor and more than one designer working on a project (or it’s reasonably foreseeable that there will be more than one designer working on a project), the designers must agree in writing which designer is to fulfil the duties of the BSA principal designer. That lead designer must give a copy of the agreement between designers to the client (Reg 11D(7)(b)).

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

Before permitting any person (A) to carry out any building work or design work, the ‘client’ (i.e., the developer) must:

1. Take all reasonable steps to satisfy itself that A fulfils the general competency requirements or — if A is in training to fulfil the requirements — has sufficient supervision arrangements in place (Reg 11E(1) to (2)(a) (i) and (ii) inclusive).

   To clarify, the general competency requirements necessitate any person carrying out building work or design work to have — where an individual — the skills, knowledge, experience and behaviours necessary or — where a company — the organisational capability to carry out the building or design work, so that if built, it would be in accordance with all relevant requirements (Reg 11F(1)).

   Also, any person carrying out any building work as a ‘contractor’ or any design work as a ‘designer’ must satisfy the requirements of the paragraph above to fulfil the duties of a contractor or designer, as the case may be, under the Regulations in relation to the work (Reg 11F(2)).

    

2. Take all reasonable steps to satisfy itself that A fulfils the duties of regulation 11 J (general duty to plan, manage and monitor). Regulation 11J imposes a general duty to ensure that any person carrying out building work must ensure the work carried out by them (and crucially, any workers under their control) is planned, managed and monitored to comply with all relevant requirements (Reg 11E(3) and 11J(1)). For those carrying out any building work or design work, see our ‘designer’ and ‘contractor’ FAQs for further information on what additional requirements regulation 11J imposes. 

    

3. Where A is to be appointed as either a principal designer or principal contractor, take steps to satisfy itself that A is able to fulfil those roles, considering the requirements set out under the Regulations (see reg 11F, 11G and 11H respectively) (Reg 11E(4) and (5)).

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

In addition to the above, where the project relates to higher-risk building work, the client must carry out the following checks at the pre-appointment stage before permitting any person (A) to carry out any building work or design work.

Where the work relates to a higher-risk building, the developer must enquire with A whether a “serious sanction” has occurred within the last five years (ending on the date of the appointment) (Reg 11E(2)(b)(i)). 

In the Regulations, “serious sanction” is qualified as either: 

1. The issuance of a compliance notice (in reference to a contravention or likely contravention of a requirement of Part A (structure) or Part B (fire safety) of Schedule 1 to the Building Regulations 2010 ((2010 regulations).
2. The issuance to A of a stop notice.
3. A conviction for any offence under the Building Act 1984, the Health and Safety at Work etc. Act 1974, the Building Safety Act 2022 or the Regulatory Reform (Fire Safety) Order 2005.
4. a report published by an inquiry under the Inquiries Act 2005 finds that A’s action or inaction resulted in one or more deaths or was likely to have been a contravention of any requirement of the Building Act 1984, Part A or Part B of Schedule 1 to the 2010 regulations, Health and Safety at Work etc. Act 1974, the Building Safety Act 2022 or the Regulatory Reform (Fire Safety) Order 2005 (Reg 11E(8)).

The developer must consider any information available that relates to any misconduct prior to appointment (including any serious sanction). As good practice, records should be kept of these enquiries (Reg 11E(2)(b)(ii)).

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

Any person carrying out building work as a contractor must:

• Before/when accepting the instruction — have the requisite skills, knowledge, experience and behaviours necessary to undertake the specific project. Where the contractor is a company (not an individual), it must have the organisational capability to carry out the building work in accordance with all relevant requirements and fulfil the duties of a contractor under the Regulations.
• Before starting the works — satisfy itself that the client is aware of its duties under all relevant requirements, including the building safety regime. For example, if the building work relates to a higher risk building (HRB), the contractor must satisfy itself that the client is aware of any additional duties placed on it.
• When carrying out works: 
  • Take all reasonable steps to ensure that the building work carried out by you (and by any workers under your control) is planned, managed and monitored so as to comply with all relevant requirements.
  • Cooperate with the client, designers and contractors (including the BSA principal designer and BSA principal contractor appointed) to the extent necessary to ensure that the work complies with all relevant requirements.
  • Ensure that the building works comply with all relevant requirements and provide each worker under your control with appropriate supervision, instructions and information to ensure that the building works comply with all relevant requirements.
  • Take all reasonable steps to provide sufficient information about the work to assist the client, other contractors and designers working on the project to comply with all relevant requirements.
  • If requested to do so, provide advice to the BSA principal contractor or the client on whether any work is higher-risk building work.
• When carrying out only part of the building work — consider other work that directly relates to your building works and report any concerns relating to compliance with all relevant requirements to the principal contractor.

A client will need to appoint in writing a BSA principal designer and BSA principal contractor to any building project that is likely to have more than one contractor. It’s important to note that these roles are different to the principal designer and principal contractor role under the CDM Regulations 2015 (CDM).

The BSA principal contractor is a contractor with control over the building work. The BSA principal designer is a designer with control over the design work. Please see our ‘FAQs for designers’ for further details. 

The appointment of the principal contractor must last for the duration of the project. However, the principal contractor may be replaced if required or if the original contract expires before the end of the project. 

If the client certifies in writing that the CDM principal designer/contractor is treated as appointed as the BSA principal designer/contractor, the client is treated as complying with the requirements of Reg 11D(1).

Where the project relates to a high-risk building, this appointment must be made before the application for building control approval is submitted. For all other projects, the appointment must be made before the construction phase begins. This is to ensure that all parties are aware of their duties and responsibilities to the project.

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

There are important competency requirements that must be demonstrated before accepting the role of a BSA principal contractor. Anyone being appointed under these roles must have the skills, knowledge, experience and behaviours necessary and — if a company — the organisational capability to fulfil these duties.

Where the BSA principal contractor is a company, that company must designate an individual to manage its functions as the BSA principal contractor. Before making this designation, the company must take all reasonable steps to satisfy itself that the individual has the skills, knowledge, experience and behaviours necessary to manage the function of the BSA principal contractor on behalf of the company to ensure that the company fulfils its duties under the Regulations.

An individual or company should only accept the role of principal contractor in relation to any building work if they satisfy the general competency and/or additional competency requirements expected as per 11F and 11H of the Regulations.

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

There are additional duties placed on principal contractors under Regulation 11N.

These include: 

• Planning, managing and monitoring the building work during the construction phase.
• Coordinating matters relating to the building work to ensure that the building work is in compliance with all relevant requirements. 
• Taking all reasonable steps to ensure the contractors and any other person involved in relation to the building work cooperate with the employer, principal designer, principal contractor and each other (including any successor in a role). 
• Taking all reasonable steps to ensure that all contractors are coordinated so that the building work is in compliance with all relevant requirements.
• Taking all reasonable steps to ensure that contractors and any other person involved in relation to building work comply with their duties under the Regulations. 
• Liaising and sharing any information with the principal designer relevant to the:
  • planning, management and monitoring of the design work 
  • coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements. 
• Having regard to any comments provided by the principal designer in relation to compliance with the relevant requirements. 
• If requested, assisting the client in providing information to other designers and contractors.
• No later than 28 days after the end of its appointment, the principal contractor must provide to the client a handover document explaining the arrangements put in place to fulfil their duties under paragraphs Reg 11N (1) to (3) ((a) to (f) inclusive above).

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

If a client fails to make the relevant appointment (or replacement appointments), principal contractor responsibilities are retained by the client until it appoints another person to that role.

For domestic clients (i.e., clients for which a project is being carried out not in the course or furtherance of a business of that client), the principal contractor role passes onto the contractor most in control of the construction phase. However, this assumption may change where there is only one contractor working on a project. That contractor is to be treated as appointed as the principal contractor and must fulfil the duties of the principal contractor set out in the Regulations.

According to HSE guidance, the client, BSA principal designer and BSA principal contractor can be the same person or organisation if they have the appropriate competencies.

Trainees cannot assume the role of BSA principal contractor.

If you instruct a trainee or apprentice to carry out work on a project, you must ensure that sufficient supervision is in place to ensure they fulfil these requirements. 

Before any work commences, you must take “reasonable steps” to make sure that all trainees are supervised at all times by implementing suitable arrangements.

You must provide the client with a handover document explaining the arrangements that you put in place to fulfil your duties under the Regulations, namely how you:

• Planned, managed and monitored the building work during the construction phase.
• Coordinated matters relating to the building work comprised in the project to ensure that the building work is in compliance with all relevant requirements.
• Ensured that contractors and any other person involved in relation to the building work cooperated with the client, the BSA principal designer, BSA principal contractor and each other (including any successor in a role).
• Ensured that the building work of all contractors was coordinated so that the work was in compliance with all relevant requirements.
• Ensured that contractors and any other person involved with the building work, complied with their duties under the Regulations.
• Liaised and shared with the BSA principal designer any information relating to planning, management and monitoring of the design work, as well as coordination of the building work and design work to ensure compliance with the relevant requirements.

This ‘handover’ document must be provided to the client no later than 28 days of your appointment ending.

On your appointment, you must review the arrangements that the previous BSA principal contractor put in place for fulfilling their duties under Regs 11N(1)-(3). This will involve ensuring that all reasonable steps were taken to ensure that the building work is in compliance with all relevant requirements.

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

This situation may arise, for example, where a company has been appointed as a BSA principal contractor but the team with the requisite competency leaves the business and as such, the firm ceases to be able to provide those services.

If a person ceases to satisfy the competency requirements, they must:

• notify the client (if they are the principal contractor or if, at the time, there is no BSA principal contractor appointed)
• notify the person who asked them to carry out the building work and the principal contractor (if they are one of several contractors)
• notify the person who asked them to carry out the work (in any other case).

Any person carrying out design work as a designer must:

• Before/when accepting the instruction — have the requisite skills, knowledge, experience and behaviours necessary to carry out the design work. Where the designer is a company (not an individual), it must have the organisational capacity to carry out the design work so that, if built, the design would be in accordance with all relevant requirements. Any person carrying out design work as a designer must also have the skills, knowledge, experience and behaviours necessary and — if a company — the organisational capability to fulfil the duties of a designer under the Regulations in relation to the work. 
• Before starting the works — satisfy itself that the client is aware of its duties for the building works to which the designs relate under all relevant requirements. For example, if the building work relates to a higher risk building (HRB), the designer must satisfy itself that the client is aware of any additional duties placed on them.  
• When designing: 
  • Take all reasonable steps to ensure that the design is such that, if built, the building works would comply with all relevant requirements.
  • Take all reasonable steps to ensure that the design work carried out by you (and by any workers under your control) is planned, managed and monitored so that, if built, that building work is in accordance with all relevant requirements.
  • Cooperate with the client and your fellow designers and contractors (including any BSA principal designer and principal contractor appointed) to the extent necessary to ensure that the designs and building work to which the designs relate would, if built, comply with all relevant requirements.
  • If requested to do so, provide advice to the BSA principal designer or the client on whether any work to which a design it’s preparing or modifying qualifies as higher risk building (HRB) work.
• When carrying out only part of a design of the building work — consider other design work which directly relates to that building work and report any concerns relating to compliance with all relevant requirements to the BSA principal designer.
• In providing a design — take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors in complying with all relevant requirements.

A client will need to appoint in writing a BSA principal designer (and a BSA principal contractor) to any building project that is likely to have more than one contractor. It’s important to note that these roles are different to the principal designer and principal contractor roles under the CDM Regulations 2015 (CDM).

The BSA principal designer is a designer with control over the design work. The BSA principal contractor is a contractor with control over the building work. Please see our ‘FAQs for contractors’ for further details.

If the client certifies in writing that the CDM principal designer/contractor is treated as appointed as the BSA principal designer/contractor, the client is treated as complying with the requirements of Reg 11D(1).

Where the appointment of a BSA principal designer/principal contractor ends before the end of the project, the client must appoint a new BSA principal designer/contractor as soon as reasonably practicable.

Where the project relates to a high-risk building, this appointment must be made before the application for building control approval is submitted. For all other projects, the appointment must be made before the construction phase begins. This is to ensure that all parties are aware of their duties and responsibilities to the project.

Where there is only one contractor and one designer working on a project (or it’s reasonably foreseeable that there will be only one designer working on a project), that designer must fulfil the duties of the BSA principal designer in the Regulations.

Where there is only one contractor and more than one designer working on a project (or it’s reasonably foreseeable that there will be more than one designer working on a project), the designers must agree in writing which designer is to fulfil the duties of the BSA principal designer. That lead designer must give a copy of the agreement between designers to the client.

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

There are important competency requirements that must be demonstrated before accepting the role of a BSA principal designer. Anyone being appointed under these roles must have the skills, knowledge, experience and behaviours necessary and — if a company — the organisational capability to fulfil these duties.

Where the BSA principal designer is a company, that company must designate an individual to manage its functions as the BSA principal designer. Before making this designation, the company must take all reasonable steps to satisfy itself that the individual has the skills, knowledge, experience and behaviours necessary to manage the function of the BSA principal designer on behalf of the company to ensure that the company fulfils its duties under the Regulations.

An individual or company should only accept this role of a BSA principal designer in relation to any design work if it satisfies the general competency and/or additional competency requirements expected.

There are additional duties placed on BSA principal designers under Regulation 11M of which a BSA principal designer must be mindful. 

These include: 

• Planning, managing and monitoring the design work during the design phase.
• Coordinating matters relating to the design work so that all reasonable steps are taken to ensure that the design is such that, if built in accordance with that design, the building work would be in compliance with all relevant requirements.
• Taking all reasonable steps to ensure that the designers (and other persons involved in design work) cooperate with the client, BSA principal designer, BSA principal contractor and each other.
• Taking all reasonable steps to ensure that all design work is coordinated so that if built, the building work to which the design relates will comply with all relevant requirements.
• Taking all reasonable steps to ensure that designers (and other persons involved in design work) comply with their duties under the Regulations.
• Liaising and sharing any information with the BSA principal contractor relevant to:
  • the planning, management and monitoring of the building work 
  • the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.
• Having regard to any comments provided by the BSA principal contractor in relation to compliance with the relevant requirements. 
• If requested, assisting the client in providing information to other designers and contractors.
• No later than 28 days after the end of its appointment, the BSA principal designer must provide to the client a handover document explaining the arrangements put in place to fulfil its duties under Reg 11M (1)-(3) (paragraphs (a) to (f) inclusive above).

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

If a client fails to make the relevant appointment (or replacement appointments), the BSA principal designer responsibilities are fulfilled by the client until it appoints another person to that role.

For domestic clients (i.e., clients for whom a project is being carried out not in the course or furtherance of a business of that client), the BSA principal designer role passes onto the designer most in control of the design phase.

According to current HSE guidance, the client, BSA principal designer and BSA principal contractor can be the same person or organisation if it has the appropriate competencies.

Trainees cannot assume the role of BSA principal designer.

If you instruct a trainee or apprentice to carry out any work on a project to which these Regulations relate, you must ensure that sufficient supervision is in place to ensure they fulfil these requirements. 

Before any work commences, you must take “reasonable steps” to make sure that all trainees are supervised at all times by implementing suitable arrangements.

You must provide the client with a handover document explaining the arrangements that you put in place to fulfil your duties under the Regulations, namely how you:

• Planned, managed and monitored the design/building work during the design phase.
• Coordinated matters relating to the design work so that all reasonable steps were taken to ensure that the design, if built, would be compliant with all relevant requirements.
• Ensured that designers cooperated with the client, the BSA principal designer, BSA principal contractor and each other.
• Ensured that the design work of all designers was coordinated so that the design, if built, would be in compliance with all relevant requirements.
• Ensured that designers and any other person involved with the design work complied with their duties under the Regulations.
• Liaised and shared with the BSA principal contractor any information relating to planning, management and monitoring of the building work, as well as coordination of the building work and design work to ensure compliance with the relevant requirements.

This ‘handover’ document must be provided to the client no later than 28 days of the appointment ending.

On your appointment, you must review the arrangements that the previous BSA principal designer put in place for fulfilling their duties under Regs 11M(1)-(3). This will involve ensuring that all reasonable steps were taken to ensure that the design, if built, would be in compliance with all relevant requirements.

The regulations referred to above are from Part 2A of the Building Regulations etc. (Amendment) (England) Regulations 2023.

This situation may arise, for example, where a multidisciplinary company has been appointed as a BSA principal designer but the team with the requisite competency leaves the business and as such, the firm ceases to be able to provide those services. 

If a person (or an organisation) ceases to satisfy the competency requirements, they must: 

• notify the person who asked them to carry out the design work and the BSA principal designer (if they’re a designer and where there is more than one contractor)
• notify the client (if they’re a BSA principal designer or if, at the time, there is no BSA principal designer appointed).
• notify the person who asked them to carry out the design work (in any other case).