Navigating the Building Safety Act 2022

Additional Duties

Navigating

Understanding the Building Safety Act

On the 1st October 2023 the new Building Safety Act legislation came into force. Contrary to popular belief, the act is not just for higher risk buildings and affects all construction projects subject to Building Control.

For clarity, the additional requirements for higher risk buildings are not included in this document but for context, the criteria for identifying higher risk buildings are defined as buildings with at least two residential units and which are at least 18m or seven storeys in height. Some exceptions are excluded from the higher risk regime, including cases where buildings are comprised entirely of:

ƒ Secure residential institutions

ƒ Hotels

ƒ Military barracks

ƒ Living accommodation provided by the MOD

ƒ Living accommodation for HM Forces

ƒ Visiting force / international HQ or defence organisation under defence organisation act 1964

In a similar way to the CDM Regulations, under The Building Regulations etc. (Amendment) (England) Regulations 2023, certain duties have been allocated to client/domestic client, designer, principal designer, principal contractor and contractor and include general duties for all.

The details for all duty holders can be found at https://www.legislation.gov.uk/uksi/2023/911/ regulation/6/made

It is important to note that the changes to building regulations are separate to the CDM regulations

and these still apply in addition to these new duties.

Whilst formal guidance is still being prepared, the information contained within this document serves to breakdown the regulation text into sections to better understand the impacts of the new regulations for clients and designers / principal designers.

To keep this document manageable, the information will relate to the pre construction and construction stages. The Building Safety Act includes additional requirements for the management of the building after handover. However, these requirements are not covered in this document.

CLIENT DUTIES

Under part 2A duty holders and competence –chapters 1 - 4 of the amended building regulations - particular attention is drawn to the following client duties

ƒ 11A (1 – 6) - Suitable arrangements to ensure compliance with requirements etc

ƒ 11D (1 – 10) Appointment of principal designer and principal contractor

ƒ 11E (1 – 8) - Considerations before a person carries out work

ƒ 11O (1 – 8) - Notification of change of dutyholder

Chapter 5

ƒ 11Q (2) - Notices of Completion / Partial Occupation

11A – Clients are responsible for making suitable arrangements for ensuring compliance with the requirements of the regulations

ƒ Make suitable arrangements for planning, managing and monitoring a project for the duration of the project

ƒ Allocate sufficient time and resources to ensure design work is carried out so that building work will be in compliance with the relevant requirements

ƒ Ensure building work is carried out in accordance with all relevant requirements

ƒ Enable designers and contractors to cooperate with each other to ensure compliance with all relevant requirements

ƒ Provide periodic reviews of the building work (and design work) to identify if the project will be a higher risk building

ƒ Provide building information as soon as practicable to every designer and contractor on the project

ƒ Cooperate with any other person working on or in relation to the project to enable their duties to be fulfilled

ƒ Where in the case of multiple clients, agree in writing who will be the treated as the “client” for the project. The “client” will be subject to the duties outlined in the regulations, but all other clients have the following duties owed:

ƒ Provide building information that is reasonably obtainable

ƒ Cooperate with others in relation to the project

11D – Appointment of principal designer and principal contractor

ƒ Appoint in writing a designer with control over the design work as the principal designer and appoint a contractor with control over the building work as principal contractor

ƒ If appointment of the PD and PC for the purposes of the regulations is not carried out, alternatively, clients can certify in writing that the person who is appointed CDM principal designer is to be treated as the principal designer for the purposes of the regulations

ƒ Appointments must be made before the construction phase begins

ƒ If the appointment of the principal designer or principal contractor ends prior to the end of the project, clients must appoint a new PD / PC as soon as reasonably practicable to carry on the project

ƒ Where a client fails to appoint a principal designer or principal contractor, the client must fulfil the duties of the PD /PC until they appoint another person to the role

ƒ Where there is only one contractor working on the project, that contractor is to be treated as the appointed principal contractor and must fulfil the duties accordingly

ƒ Where there is only one contractor and there

is only one designer or reasonably foreseeable there will only be one designer, the designer must fulfil the duties of the principal designer

ƒ If there is more than one designer working on the project, the designers must agree in writing which designer will fulfil the duties of the of the principal designer and provide a copy of the agreement to the client

11E - Clients have to take reasonable steps to satisfy themselves that:

ƒ Appointed persons fulfil the requirements of regulation 11 (F 1 & 2) competence: general requirement

ƒ Before appointment of consultants, clients must take all reasonable steps to satisfy themselves that the appointee is able to fulfil the requirements in relation to plan manage and monitor the project

ƒ Before appointment of principal designer, take all reasonable steps to satisfy themselves that the appointee is able to fulfil the requirements in relation to design work

ƒ Before appointment of principal contractor, take all reasonable steps to satisfy themselves that the appointee is able to fulfil the requirements in relation to Building work

11O - Changes to clients and appointments have to be notified (within 14 calendar days) at any time after an application for Building Control approval is made or a building notice is given:

ƒ A new client / or a nominated person on behalf of the client must provide the project location and contact details for the outgoing and incoming client

ƒ If a change to the principal designer / contractor is made following a Building Control submission / notice, the client or nominated person of behalf of the client (accompanied by a signed statement from the client) provides contact details and the date of the appointment provided along with the details of outgoing appointments

11Q - Notices of Completion / Partial Occupation

ƒ Provide a notice with name, address and email for the client, principal designer and contractor, along with declarations from each noting the work is complete, works comply with Building Regulations and duties have been fulfilled.

DB3’s ADDITIONAL DUTIES

DB3’s additional responsibilities as designers and principal designers, introduced under the new regulations, can be summarised as:

Designer Duties

ƒ Plan, manage and monitor design work so that if the building work were carried out, it would comply with the Building Regulations

ƒ Cooperate with the client, designers and contractors to the extent that if the building work were carried out, it would comply with the Building Regulations

ƒ Not start any design work unless you are satisfied that the client is aware of the duties owed by the client

ƒ Carry out design to ensure that if building work were carried out, the design would comply with the Building Regulations

ƒ Provide sufficient information about the building’s design, construction and maintenance to allow the client, other designers and contractors to comply with the Building Regulations

ƒ Consider any other design work and report any compliance concerns relating to the design compliance to the principal designers and client

ƒ Must advise the principal designer or the client whether any work they are designing is higher-risk building work

Principal Designer Duties

ƒ Perform all the functions listed within the designer role:

ƒ Plan, manage and monitor the design work during the design phase

ƒ Coordinate all matters relating to design work to ensure that it will comply with the Building Regulations if building work is carried out

ƒ Ensure dutyholder cooperation

ƒ Ensure all designers coordinate their designs

so that building work will be carried out following the designs and will comply with the Building Regulations

ƒ Ensure all designers comply with their duties

ƒ Liaise with the principal contractor

ƒ Have regard to comments from the principal contractor about compliance with the Building Regulations

ƒ Assist the client in providing information to designers

ƒ Review the arrangements of any previous principal designer

Throughout our longstanding history of 140 years, we have been providing Lead Designer services across a range of sectors for projects of all sizes. DB3 have the skills, knowledge, experience, behaviours and organisational capacity to undertake the principal designer and designer roles under The Building Regulations etc. (Amendment) (England) Regulations 2023. Our highly trained Registered Architects and Lead Designers will be working to the requirements set out within the PAS 8671 Principal Designers Competence Criteria to further ensure compliance with the new regulations.

Additional Resources

Building Safety Act 2022 - https://www. legislation.gov.uk/ukpga/2022/30/contents/ enacted

Part 2 Section 6 Building Regulations Amended Regulations Relating to Duty Holders - https:// www.legislation.gov.uk/uksi/2023/911/ regulation/6/made

Part 2 Regulation 13 Amendments relating to Fire Safety Information. - https://www.legislation.gov. uk/uksi/2023/911/regulation/13/made

CDM Regulations 2015 - https://www.legislation. gov.uk/uksi/2015/51/contents/made

MEET OUR HEAD OF PRINCIPAL DESIGNER SERVICES, STEVE WOOD

Steve is a qualified Architectural Technologist with experience spanning both the Public and Private Sectors for over 20 years. Steve is responsible for overseeing the Principal Designer team, scheduling and monitoring workload and re writing Documentation and Procedures to improve efficiencies in producing and managing the Pre construction stage.

Contact Information

Email: steve.wood@db3group.com

Phone: 07908 718958

About DB3

Founded in 1883, DB3 Group is an award-winning, dynamic practice consisting of DB3 Architecture & Design, DB3 Building Services Engineering, DB3 Net Zero, DB3 Professional Services, Formation 3D and Home & Maker.

DB3 Group has seven studios across the UK including in Leeds, London, Birmingham, Manchester, Glasgow, Cardiff and Aberystwyth, so we are never too far away from your project.

Renowned for our quality design and technical delivery, we have long standing relationships with some of the biggest global brands across private and public market sectors.

From architectural vision to the completed build, we provide multi-disciplinary expertise aimed at meeting the diverse needs of our client base. We embrace the latest technology, including Building Information Modelling (BIM), to assist in our

process and operations for design, visualisation, design team co-ordination and more.

We maintain a focus on not only delivering the project on time, with exceptional quality and within cost, but also in ensuring long term value is designed into facilities to ensure that they are easy and safe to operate, sustainable, minimise energy use and are cost effective to maintain.

Our dedicated team of experienced Architects, Project Managers, Building Services Engineers, Interior Designers and Surveyors provide a quality service regardless of project value, size or complexity, to deliver the best for our clients. Working collaboratively, we aspire to make this an enjoyable process and build relationships which result in us returning to work for the same clients on future projects.

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EXPERTISE

ƒ Architecture

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ƒ Principal Designer

ƒ NEC Supervisor

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Glasgow

Leeds

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Architecture and much more

As a multi-disciplinary consultancy, our expertise extends beyond architecture, meaning our clients can pick and choose key areas or combine a number of our service skill sets and project management skills when selecting our single point service offer. DB3 Group offers the following six individual business units.

DB3 Architecture & Design

Providing RIBA Chartered sustainable architecture, urban design and masterplanning, with supporting services including BIM, visualisation and interior design. DB3’s architectural team comprises 35+ architects, supported by a strong team of 50+ technologists and architectural assistants with the capacity to resource projects across all sectors.

DB3 Building Services Engineering

Offering CIBSE Chartered Mechanical and Electrical Engineering to all sectors. The team have particular experience in the leisure sector, having delivered numerous wet and dry leisure facilities across the UK. The team are CIBSE Low Carbon Energy Assessors and offer Thermal Modelling (DSM).

Formation 3D (F3D)

Drone operated aerial surveys, photography and videography by DB3’s in-house CAA qualified drone operators. A low risk, time efficient alternative for building inspections and land surveys. F3D also offers highly accurate 3D data capture & mapping of existing structures using point cloud, RTK and PPK technology, turning into 3D digital models for construction, design & facilities management projects.

DB3 Net Zero

Drawing on the experience of our in-house mechanical & electrical engineers, architects, energy assessors, Passivhaus designers and sustainability experts. Our suite of Net Zero consultancy services is broken down into six categories which cover topics around whole life cycle. These categories include; Carbon, Efficiency, Passivhaus, Wellbeing, Performance & Compliance.

DB3 Professional Services

The team deliver building surveying, retail project management, principal designer, contract administration and NEC supervisor roles, across the UK. Working alongside DB3’s architectural and M&E teams, these roles can be incorporated into a multi-disciplinary offering or procured as an independent service.

Home & Maker

A sister company to DB3 Architecture & Design, Home and Maker provides RIBA chartered online architectural services to domestic residential customers. Drawing on DB3’s many years of home design and construction experience, Home & Maker focuses on designing great homes at an affordable price.

Accreditations

AJ100 Company

RIBA Chartered Practice

Certified Passivhaus Designers

CIAT Registered Practice

CIBSE Directory of Practices & Firms

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ISO9001:2015 Quality Management System

ISO14001:2015 Environmental Management System

Altius Approved Elite Vendor

H&S SSIP Accredited, through Eurosafe and Alcumus

Constructionline Gold Member

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Cyber Essentials Plus

Awards

DB3 Group: Winner - Yorkshire Insider Awards 2023

‘Architecture Practice of the Year’; ShrotlistedWest Midlands Insider Awards 2023 ‘Architecture Practice of the Year’; Shortlisted - COBBA 2023 ‘Business Development Professional’; Shortlisted - UKREiiF Awards 2023 ‘Consultant of the Year’ & ‘People & Skills Torchbearer’; ShortlistedCOMBA 2023 ‘Architecture Practice & Business Development Professional’; Shortlisted - Grafters Awards 2023 ‘Architecture Practice’; Winner –COMBA & COBBA 2022 ‘Architect of the Year’; 2021 Digital Enterprise Top 100; Winner – Insider Property Awards 2018 ‘Architectural Practice of the Year’ & ‘Design Excellence’; Shortlisted – BD Awards 2017 ‘Sports & Leisure Architect of the Year’; RICS Design Through Innovation Award 2017; Insider Property Industry Awards 2015 ‘Highly Commended Architectural Firm of the Year’

Helensburgh Waterfront Development: Highly Commended - Argyll & Bute Awards 2023

‘Aesthetic Design’; Finalist - Planning Awards 2023 ‘Outstanding Contribution to Placemaking: Best Use of Arts, Culture or Sport’; Highly CommendedIStructE Awards 2022 ‘Leisure Project’

Llys Cadwyn Regeneration: Winner – Cardiff Property Awards 2021 and Ystadau Cymru 2021 Award for ‘Creating Economic Growth’; Highly Commended – British Construction Industry Awards 2021; CLAW Project of the Year Awards 2021

Adidas Oxford Street: Gold Winner – London Design Awards 2020

Leeds College of Music: Winner – RIBA Regional Award 2015 ‘Small Project Award’; Shortlisted –Insider Property Industry Awards Yorkshire 2018 ‘Regeneration Project of the Year’, Education Estates Awards 2018 ‘Refurbishment Project’, AJ Retrofit Awards 2018 ‘Further & Higher Education’; Constructing Excellence Yorkshire & Humber Awards 2018 ‘Building Project of the Year’

Chancery Lane Residential: Shortlisted –London Construction Awards 2018 ‘London Build Excellence’ & ‘Regeneration Project’

Airedale Air Conditioning: Winner – RICS 2017 Regional Award ‘Design through innovation’

Ysgol Craig Y Deryn School: RTPI Wales Planning Award 2014

Kirkcaldy Leisure Centre: Commended – SCALA Awards 2014 ‘Civic Building of the Year’

MOMA Machynlleth Tannery Gallery: CPRW Awards 2014 ‘Special Award’

Michael Woods Leisure Centre: Highly Commended – SCALA Awards 2014 ‘Civic Building of the Year’; Scottish Property Awards 2014 ‘Architectural Excellence’

Marks & Spencer, Liverpool: Highly Commended –CIAT Award 2010 ‘Technical Excellence’

PAN Emirates, Dubai: Shortlisted – Retail Interiors Awards 2010 ‘Best International Interior’

Threeways School, Bath: BCSE Awards 2009 ‘Inspiring Design for Special Schools’

ASDA Stores Supplier Awards: 2009 ‘Best Consultant’ & ‘Best EDLC (Every Day Low Cost) Initiative’

University of Huddersfield, Creative Art Building: Bronze Awards – RIBA White Rose Award 2009; Commendation – CIAT Award 2009; Shortlisted –RICS Pro Yorkshire Awards 2009

University of Huddersfield, Milton Centre: Winner – Insider Yorkshire Renaissance Awards 2006 ‘Best Restoration Project’

Aberdovey Yacht Club: Winner – Snowdonia National Park Awards 1992 ‘Good Design in the Countryside Award’

St Giles Business Park for the DBRW: Winner –Prince of Wales Design Awards 1990 ‘Good Design Awards’

Llwydcoed Crematorium: Winner - RIBA Wales Architecture Awards 1971

Royal Institution of Chartered Surveyors (RICS): 2017, 2011, 2010

Green Apple Awards: 2015, 2013, 2010, 2009, 2008

LABC Building Excellence Awards: 2013, 2012, 2011, 2010, 2009, 2008

LABC Design Excellence Awards: 2013, 2012, 2009, 2008, 2003, 2002

Leicestershire & Rutland Craftsmanship Awards: 2013, 2012, 2009, 2008, 2003, 2002

Civic Trust Awards: 2012, 2007, 2006, 1993, 1990

BREEAM Awards: 2008, 2007

Montgomeryshire Design Awards: 1997, 1994