Client Duties And Responsibilities

Under the Building Safety Act 2022, the Client has a crucial and legally responsible role in ensuring that building safety is prioritised throughout the lifecycle of a building, with additional, more stringent requirements for higher-risk buildings.

Who Is The Client?

The Client is the person or organisation for whom design and building work is done. This is usually the developer or building owner. Clients can include public sector groups like Local Authorities, NHS, and Housing Associations, as well as private and commercial developers.

While Clients can hire professionals and companies to carry out work, they are still responsible for making sure that the project meets all building regulations and other relevant requirements. They cannot pass on this responsibility or their duties to another party.

The Key Responsibilities Of The Client Under The Building Safety Act 2022:

Project Management: As the client, it is your responsibility to make appropriate arrangements for planning, managing, and monitoring the project, including allocation of sufficient time and resource to deliver compliance with all relevant requirements upon completion.

You must:

• Allocate sufficient time and resources for the building work to meet building regulations.
• Establish, review, and maintain systems to ensure compliance with building regulations.
• Collaborate with all project stakeholders to facilitate their compliance with their respective duties.
• Foster cooperation between designers and contractors.
• Provide comprehensive building information to all designers and contractors involved, covering the building and design work, project planning, management, and resolution of compliance issues.

1. Ensuring Safety At The Planning Stage

The Client is responsible for making sure that quality and safety is considered from the outset of the project. This involves clearly defining the safety expectations for the building and ensuring that safety risks, especially those related to fire safety and structural integrity, are properly managed during the design and construction phases.

2. Appointment Of Designers And Contractors

Clients are required to take reasonable steps to appoint designers and contractors who possess the necessary competence or organisational capability to fulfill their roles effectively.

For projects involving more than one designer or contractor:

• Appoint a principal designer responsible for overseeing the design work.
• Appoint a principal contractor responsible for overseeing the building work.

If only one designer or contractor is involved, they assume the role of principal designer or principal contractor respectively.

Appointment of Organisations as Principal Designer or Principal Contractor

You have the option to appoint an organisation as the principal designer or principal contractor, provided that a competent individual within the organisation is designated to perform the role. It is important to note that the legal responsibilities remain with the appointing organisation.

The Client must ensure that all individuals involved possess the necessary skills, knowledge, experience, and behaviours (SKEB) to carry out their tasks in line with building safety regulations. Additionally, when appointing organisations to carry out work, the Client must verify that these organisations have the appropriate capabilities to perform the tasks competently and in compliance with relevant requirements.

3. Ensuring Compliance With Regulations

The Client is accountable for making sure the project meets all relevant Building Regulations and other relevant requirements. This includes ensuring compliance with the Building Safety Act, fire safety standards, and any other applicable building regulations and codes.

For projects involving higher-risk building work, the Client must manage the application for building control approval. This includes submitting required documents and information to the Building Safety Regulator (BSR), such as drawings, plans, competence declarations, construction control plans, change control plans, and mandatory occurrence reporting plans.

In addition to managing the building control approval application, you must:

• Ensure that the principal designer and principal contractor implement a mandatory occurrence reporting system.
• Conduct periodic reviews of the building and design work to identify higher-risk aspects.
• Provide information to designers and contractors so they are aware the project involves higher-risk building work.

You must establish and maintain a comprehensive record of building information - the Golden Thread, and provide this information to relevant individuals and organisations, including accountable persons.

When appointing individuals or organisations to carry out work, you must:

• Maintain written records of the steps taken to verify their competence.
• Include details of their competence in the competence declaration and construction control plan submitted for building control applications.

4. Cooperating With Duty Holders

The Client must work collaboratively with other Dutyholders (such as the Principal Designer and Principal Contractor)) throughout the project. This includes sharing information and ensuring that there is a clear flow of communication on safety matters.

5. Assessing And Managing Risks

The Client has an obligation to make sure that safety risks, especially those related to fire and structural safety, are identified and managed. This involves working with Dutyholders to assess risks at various stages and ensuring that safety measures are integrated into the design, construction, and operation of the building.

6. Designing For Building Safety

The Client is responsible for ensuring that safety and building regulations compliance is prioritised in the design phase. This includes incorporating features such as fire-resistant materials, safe evacuation routes, and other elements designed to protect the building’s occupants from potential risks.

7. Overseeing Construction And Handover

The Client must oversee the construction phase to ensure that it aligns with the safety standards set during the planning and design stages. This includes ensuring that the building is constructed in accordance with the approved plans and that safety and building regulations compliance is prioritised during the construction process.

8. Ensuring Safety During Occupation

After the building construction has been completed, the Client must ensure that safety is maintained throughout the building's occupation. This includes ensuring that appropriate measures are in place for ongoing maintenance, safety inspections, and risk assessments to keep the building safe for residents and occupants.

9. Record Keeping And Handover

The Client must ensure that adequate documentation is maintained during the entire lifecycle of the building. This includes keeping records of safety assessments, building design, safety features, and any other relevant safety information. For higher-risk buildings, these records must be handed over to the Principal Accountable Person (PAP) or the building owner once the building is completed, ensuring that the building’s safety is continually monitored and maintained.

10. Notification Of Building Safety Risks

If safety risks or issues arise during the building's lifecycle, the Client has a responsibility to notify the appropriate regulatory authorities. This may include informing the Building Safety Regulator or other safety authorities about risks that might endanger the building’s safety.

11. Engagement With The Building Safety Regulator

The Client must cooperate with the Building Safety Regulator during inspections, audits, and reviews. They are also responsible for ensuring that they meet any obligations set by the Regulator.

Summary

The Client has a key role in ensuring that building quality and safety is prioritised from the start to the finish of a project. This includes appointing competent professionals, ensuring that risks are assessed and managed, complying with regulations, and maintaining safety throughout the project and the building’s subsequent lifecycle.

The Client’s responsibilities are vital, ensuring that safety is not compromised and that the building meets the required standards necessary for the protection of the building’s residents and occupants.