The Principal Contractor plays a pivotal role under the Building Safety Act. So, who are they, what do they do…and why do they matter so much?
The clue is in the name. Most definitions of the word ‘principal’ include the word ‘leader’ and describe someone who oversees the functions or activities of an organisation. The principal should be the guardian and the champion of the ‘principles’ that underpin everything we do.
For the purposes of the Act, the Principal Contractor is also crucial because the Building Safety Regulator, who is overseeing the legislation, keeps reminding us that the industry is responsible for delivering the requirements of the Act – not the government.
It already seems clear that this will not change under the new Labour administration. They have made some early moves to try and bolster our flagging planning system with extra resources but enforcing the biggest change to building safety law in 80 years is very firmly still on us.
The Hackitt Review, which lead to the Act, and the previous administration always made it clear that they expected the industry to drive the culture change needed to make building occupants safer. However, a recent survey of the sector highlighted ongoing confusion about the roles and responsibilities created by this legislation which is the industry’s most important legacy of the 2017 Grenfell disaster.
Unsure of their responsibilities
The specification platform NBS found that half of its respondents were either unsure or had no idea of their responsibilities under the Act with just 12% saying they were ‘very clear’ about what was expected of them. 44% of respondents said they were unsure or had “no idea” what steps to take to comply with the new building safety regime despite the Act already being in force for two years.
NBS researchers said this was particularly concerning because two in three of the people they spoke to already had experience of working on higher risk buildings (HRBs). But of course, the Act goes much further than that. It has already driven substantial changes to the building regulations which apply to ALL buildings not just HRBs.
Nick Mead, technical director at Laing O’Rourke and chair of the BESA Building Safety Act Advisory Group, told the Association’s latest ‘Behind the Built Environment’ podcast that there were “masses of changes” in the pipeline.
He said some people were still claiming that the changes did not apply to them despite the emergence of procurement bills, new fire regulations, and a new Architects’ Bill among other changes.
“All these things are coming through on the back of the Act…it's every building we build, every structure,” Mead said during the podcast.
But still many (most?) contractors are still waiting to be told what to do when the Regulator keeps reminding us that we need to be making this work.
Play it Safe campaign
At BESA, we have set about trying to find the tricky balance between not over-simplifying what is complex legislation while guiding people through the morass of information to the bits that are directly relevant to their role in delivering safer buildings via our ‘Play it Safe’ interactive guide.
Which brings us back to the role of the Principal Contractor (PC), which is central to all of this.
The PC is not only responsible for providing evidence of their own competence and ability to comply with the Act but must also be able to vouch for (and provide evidence of) the competence of the supply chain working under them.
Ultimately, of course, overall responsibility falls on the client so the appointment of the PC at the pre-construction stage is a vital step. As a result, many are now starting to take more time over this appointment, which is leading to some project delays – but this is such a key role that they must make sure they appoint someone competent.
Fortunately, contractors already have the necessary information they need to help them create the statements needed to demonstrate this competence by following the guidelines laid out in PAS 8672 – the publicly available specification for principal contractors which has been available since 2022.
This explains that, as a PC, you must be up-to-date with relevant laws, regulations, and best practices so you can fulfil your responsibilities and make sure your team is fully prepared and protected.
Plan, manage and monitor
You must also be able to competently plan, manage and monitor building work during the construction phase and ensure all construction work complies with the building regulations – and other relevant legislation, including new fire safety regulations etc.
Crucially, you must also make sure that the whole team works together i.e. co-operates and communicates, including with the client and principal designer.
Record keeping is another important part of the role, including helping to set up the ‘Golden Thread’ of information that will help keep the building operating safely for life. These records are also vital for providing evidence of the work and ensuring everyone learns from their mistakes – and this is all part of the new ‘behaviours’ that the Act seeks to ingrain in all parts of the construction supply chain.
The PC must also use this information, including design specifications, risk assessments etc, to underpin their collaboration with the principal designer and ensure they use the information they receive to achieve compliance.
One very specific and important task is the completion of a document outlining how the PC has delivered on their various responsibilities under the Act within 28 days of the end of their involvement in the project. This is a vital part of the jigsaw for the client to eventually get their building signed off.
The PC is also a key player when it comes to delivering on the Act’s main aims: To ensure everyone involved starts to display the right skills, knowledge, experience, and behaviours (SKEB) in all aspects of projects.
Supply chain evidence
Undoubtedly, it is a big challenge to not just specify but also evidence that everyone working in your supply chain has the right technical and behavioural competence “to achieve building safety outcomes”, but that is what the legislation demands.
For example, that means making sure everyone can provide evidence of the skills, knowledge, experience and behaviours required for their specific role. This includes verifying and documenting formal training and qualifications, while maintaining a detailed portfolio of work experience and knowledge.
The legislation also demands that contractors “prioritise the health and safety of others, ensure ethical and lawful behaviour…behave reliably and treat others fairly, respect confidentiality and declare conflicts of interest, and reject bribery and corruption” among other things.
These are often referred to as ‘new’ competencies enshrined in the Act, but of course they are far from new. Rather, this is simply a case of new legislation creating a legal framework for behaviours and actions that should have always guided the industry’s work, but which were found to be absent in too many cases – not least at Grenfell.
Principal Contractors, therefore, will be crucial in ensuring the industry gets back to first principles.
For more information visit the BESA Building Safety Act Hub.