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Dutyholders

Changes to building regulations legislation in 2023 formally created 'dutyholders', who are legally responsible for building regulation compliance. The information here explains what has changed.

Dutyholders

The information in this guide is intended to help inform any potential applicant of the changes to the building regulations that came in to force on the 1 October 2023. It is not an exhaustive summary or comprehensive explanation of the changes to the building regulations, Building Regulations (Amendments) (England) 2023, the CDM Regulations 2015 or the Building Safety Act 2022 and should not be treated as such.

Dutyholder roles are held by named individuals, rather than a company or organisation. However, the named individual(s) may work on behalf of a company or organisation.

The Department for Levelling Up, Housing and Communities (DLUHC) issued a suite of new regulations pursuant to the Building Safety Act 2022. This new legislation included amendments to the Building Regulations (The Building Regulations etc. (Amendment) (England) Regulations 2023, which brought in a new dutyholder regime.

The new dutyholder regime applies to all 'building work' (as defined in the building regulations) in England. Limited exceptions are:

  • 'exempt' work (as detailed in regulation 9 and schedule 2 of the regulations)
  • minor works

This new regime focuses on dutyholders' responsibility for ensuring that building works comply with the regulations. The dutyholders identified in the new part 2a are listed below.

A full copy of the current building regulations can be accessed here: The Building Regulations 2010 (legislation.gov.uk).

You must follow these legal procedures so that your Building Control application can be considered.