The Role of a Dutyholder in Building Control: Ensuring Safety and Compliance

As a Registered Building Control Approver (RBCA), understanding the role of a dutyholder is essential in maintaining high safety standards and regulatory compliance within the construction industry. The dutyholder framework, established under the Building Safety Act 2022 and the Dutyholder Regulations 2023, places clear responsibilities on those who influence and manage risks in the built environment.

This article explores the dutyholder’s role, their key responsibilities, and the critical importance of their function in building control and construction safety.

Who is a Dutyholder?

A dutyholder is an individual or organisation with a legal obligation to manage and control risks associated with construction and building safety. The framework ensures that those who create or influence risk also bear the responsibility for controlling it.

In the UK, dutyholders are defined within the Building Safety Act 2022 and include:

• Client: Ensures suitable arrangements for project safety and appoints competent dutyholders.
• Principal Designer: Oversees risk management during the pre-construction phase and ensures design compliance.
• Principal Contractor: Manages construction activities and ensures regulatory adherence on-site.
• Designers and Contractors: Must comply with all relevant safety and building regulations while carrying out their work.

For Registered Building Control Approvers, working with dutyholders is crucial to ensuring projects meet statutory safety and compliance requirements.

Key Responsibilities of a Dutyholder

1. Risk Assessment and Management

Dutyholders must undertake comprehensive risk assessments, which include:

• Identifying hazards that may arise during construction and building use.
• Evaluating the likelihood and potential impact of risks.
• Implementing measures to eliminate or mitigate identified risks.

Regular assessment updates ensure that new risks are promptly addressed, preventing unsafe building conditions.

2. Compliance with Building Regulations

Dutyholders must ensure full compliance with The Building Safety Act 2022, The Building Regulations 2010 (as amended), and The Health and Safety at Work Act 1974. Their responsibilities include:

• Meeting all Approved Document standards for fire safety, structural integrity, and environmental performance.
• Ensuring projects follow mandatory reporting requirements for safety concerns and incidents.
• Cooperating with Building Control Bodies, including Local Authorities and Registered Building Control Approvers.

Failure to comply with these regulations can result in serious legal consequences, including fines, enforcement notices, and potential project shutdowns.

3. Competency and Resource Allocation

Under the Dutyholder Regulations 2023, all dutyholders must demonstrate competence, meaning they have the necessary skills, knowledge, experience, and behaviours to fulfil their role. This includes:

• Ensuring that all personnel involved in construction projects are suitably trained.
• Allocating sufficient resources, such as funding, workforce, and safety equipment.
• Engaging with Registered Building Control Approvers to verify regulatory compliance throughout the project.

4. Communication and Coordination

Clear and effective communication is a fundamental dutyholder responsibility. This involves:

• Establishing robust communication channels between dutyholders, regulators, and stakeholders.
• Reporting safety incidents, near-misses, and material changes affecting building safety.
• Collaborating with Building Control Bodies to ensure compliance and best practice implementation.

Proactive communication helps maintain accountability and ensures that all parties involved in a construction project understand their safety obligations.

5. Record-Keeping and the Golden Thread of Information

A key aspect of the Building Safety Act 2022 is the golden thread—a continuous record of safety-related decisions and measures throughout a building’s lifecycle. Dutyholders must:

• Maintain accurate records of all design, construction, and maintenance activities.
• Ensure all safety-critical information is digitally stored and accessible to regulators.
• Keep documentation updated to reflect any modifications or risk management improvements.

This structured record-keeping process is crucial for regulatory transparency and future building safety assessments.

6. Promoting a Culture of Safety and Continuous Improvement

Dutyholders are expected to foster a safety-first culture within their organisations. This includes:

• Regularly reviewing and updating risk assessments and safety protocols.
• Encouraging proactive reporting of potential hazards.
• Implementing lessons learned from past projects to improve future compliance.

By embedding a culture of continuous improvement, dutyholders play a pivotal role in reducing construction-related incidents and enhancing building safety for occupants.

Why is the Dutyholder Role Important in Building Control?

1. Ensuring Safe and Compliant Buildings

The primary objective of a dutyholder is to ensure that construction projects meet statutory safety and regulatory standards. By implementing stringent risk controls and adhering to Building Regulations, dutyholders help prevent fire hazards, structural failures, and environmental issues.

2. Legal and Regulatory Compliance

Strict compliance with building control regulations helps mitigate legal risks. Dutyholders who fail to uphold their responsibilities may face:

• Prosecution and fines for non-compliance.
• Liability claims for unsafe building practices.
• Project delays and enforcement actions from regulatory authorities.

Working closely with Registered Building Control Approvers ensures that all building work is properly inspected and meets the latest safety standards.

3. Enhancing Reputation and Trust

Organisations that prioritise safety and compliance develop a strong industry reputation. Trust from clients, investors, and regulators is essential for securing future projects and maintaining a competitive edge in the construction sector.

4. Protecting the Environment

Dutyholders have a legal responsibility to minimise environmental impact during construction. This includes:

• Reducing carbon emissions and waste.
• Ensuring compliance with sustainable building standards.
• Preventing pollution and ecological damage.

Environmental responsibility is increasingly important in modern construction projects, with sustainability targets influencing planning and approval processes.

Conclusion

The role of a dutyholder is central to ensuring safe, compliant, and high-quality buildings within the construction industry. With the introduction of new UK regulations, dutyholders must remain proactive in their approach to risk management, safety compliance, and regulatory adherence.

By working closely with Registered Building Control Approvers, dutyholders can streamline approval processes, enhance safety standards, and contribute to a robust and legally compliant built environment.

Understanding and fulfilling these responsibilities is not just a legal requirement—it is essential for protecting lives, upholding industry standards, and ensuring the long-term sustainability of the construction sector.