Building safety act?

[Alan Ambrose]

"On 17 August, the government published new regulations for higher-risk buildings (HRBs) and major changes to the Building Regulations that will enable further parts of the Building Safety Act to be fully implemented in England on 1 October 2023. These changes, which implement what has previously been set out and consulted upon, will fundamentally reform the way that design and construction appointments are made."

 

https://www.constructionnews.co.uk/legal/will-the-building-safety-act-end-design-and-build-22-09-2023/#:~:text=The Building Regulations (Amendments etc,of clients%2C designers and contractors.

 

I appreciate we're not building 'HRBs' (well not in that sense  ) but has anyone figured already what this means for self-builders re CDM  and principal designers etc?

 

Maybe this is a better summary: https://www.architecture.com/knowledge-and-resources/knowledge-landing-page/building-safety-act-regulations-updates-2023

Edited October 10, 2023 by Alan Ambrose

[ToughButterCup]

Here's the relevant paragraph.

 

Quote

However, for domestic projects, the client is unlikely to have sufficient competence to carry out this duty and therefore most of the client duties will be placed on those undertaking the design work and the building work. 

 

https://www.architecture.com/knowledge-and-resources/knowledge-landing-page/building-safety-act-regulations-updates-2023  downloaded October 2023

[Alan Ambrose]

True but....

 

(And I guess this is an attempt to reduce some of finger pointing 'oh I didn't think it was my responsibility, I thought someone else was carrying the can' sad behaviour of the organisations associated with the Grenfell disaster.)

 

 

... if you have one or more principal designers & contractors, the domestic client is mostly 'off-the-hook' except that they are supposed to check and appoint the right people: "Although the client can delegate tasks, they cannot delegate responsibilities and must ensure that those they appoint have the right competencies to take on these roles."

 

"The new dutyholders being introduced under the Building Regulations etc. (Amendment) (England) Regulations 2023 will be the client (including domestic client), the principal designer and the principal contractor as well as duties on designers (including the sole or lead designer) and contractors (including sole contractor)."

 

This suggests that we self-builders should demonstrate that we've done due diligence on the 'principal designer' and the 'principal contractor'. "The client, meanwhile, must take all reasonable steps to satisfy themselves that the dutyholders are competent..." "Although the client can delegate tasks, they cannot delegate responsibilities and must ensure that those they appoint have the right competencies to take on these roles."

 

 

The model seems to be that a client will appoint a principal design & contractor (and those parties get to manage the rest of the contractors and designers) - which establishes a kind of chain of command. That's fine for big commercial projects, but a bit non-obvious unless you have a very hands-off approach to self-build where you let, say, an architect and a main contractor run the show.

 

[ToughButterCup]

@Alan Ambrose, have you had a read of this thread ? Apologies if you have: but it seems to me that that discussion will help you.  I may have missed something in my haste this morning ....

[Alan Ambrose]

@ToughButterCup

 

Sorry I only just saw your reply. Yes, I have read that and a few similar. I'm a bit vague on the details but I remember there seemed to be two sets of opinions: (I paraphrase) (a) 'domestic clients don't know jack and can't be expected to do CDM, that's for the professionals' and (b) 'it's your site and project and you are legally responsible for H&S'. I talked to an SE recently who pointed out that the rules changed Oct 1st.

 

The reason I started this thread is that the ground seems to be shifting onto putting responsibility on the customer / project owner and from there all along the chain. Presumably this is to stop (as I said above) the 'not my responsibility mate I thought x was taking care of it' stuff going on most obviously at Grenfell.

 

 

[Alan Ambrose]

As you pointed out in your summary, there seems to be some grey area. In my case, as we knew we wanted to use the 'Suffolk barn' trope, I've done the 'look-and-feel' design for planning. Thus no architect (and maybe that makes me PD) but note that architects are not automatically PDs and, to that end, RIBA is 'launching [its] Principal Designer Register'.  I have not completely wrapped my head around the implications of the new regulations, but these sentences from the article stand out:

 

"The client, meanwhile, must take all reasonable steps to satisfy themselves that the dutyholders are competent..."

 

"Under the new definitions, the client is the person responsible for commissioning the building work. They have overall control over the project and, therefore, it is appropriate that they are ultimately responsible for the golden thread information...."

 

"A provision that applies to any building work is that if at any time after a building control approval application is made or a building notice is given, the client appoints a principal designer (or sole or lead designer), the client must give notice to the relevant authority."

 

"Where there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project, the client must appoint in writing (a) a designer with control over the design work as the principal designer for the purposes of these regulations, and (b) a contractor with control over the building work as the principal contractor for the purposes of these regulations. These roles are also referred to as the principal dutyholders."

 

"For domestic clients, the client duties will be carried out by the contractor (where there is only one contractor for the project), the principal contractor or principal designer (where the principal designer agrees to fulfil those duties with the client, agreed in writing). If a domestic client fails to make the appointments the designer in control of the design phase of the project (most likely an architect) is the principal designer, as under CDM."

 

"Where the client fails to appoint a principal designer (or a replacement principal designer) the client must fulfil the duties of the principal designer under these regulations until they appoint another person to that role."

 

re: ‘golden thread’ "It is not an 'end of the project’ activity, but an ongoing ‘live’, electronic record of the building information throughout the lifecycle of the building. This includes up-to-date safety information regarding the building design, build, and management.""This information will be stored and transferred electronically ... and recipients must acknowledge receipt.

 

 

 

 

Edited October 21, 2023 by Alan Ambrose

[George]

There shouldn't be any change to how CDM operates.

 

The regulations are aimed at bringing the Building Control terminology and procedures in line with CDM. This introduces duties to ensure competence for the design and construction are completed in accordance with the Building Regulations (whereas CDM almost entirely relates to competence regarding safety). This should have happened anyway but now the duties and responsibilities are more clearly spelled out. 

[zzPaulzz]

A year on, I’ve read a lot of discussion but I’m still confused, sorry.  My situation is this.  I know which timber frame company I want.  I’ve a fair idea who will do the SE and groundworks for me.  My architect will take me through building regs design, and is happy to work with the other parties.  But no one wants to step up to the Principle Designer or Principle Contractor roles.  I’m trying to get a project manager to pull the threads together for me but so far no one is interested (they’d prefer to be main contractor and take their cut). I feel able to talk on the PM work myself. Bad idea?

[Shavey22]

We are in a similar position for building regulations under BSA. We are using a timber frame company that has taken on role of PD. We have a ground worker who has taken on the role of PC for the first stage of the project. However the timber frame company are now refusing to take on the role of PC for when they are on site. I don’t think we are able to take it on as domestic clients, so not sure where we go from here. Any suggestions welcome!

[zzPaulzz]

It’s odd that the timber frame company is willing to take on the PD role, as that’s supposed to span the whole life of the project - from what I understand the role is to ensure that safety is ‘designed in’ from the start to the finish, and considers the life of the building after completion: the TF company’s scope seems incompatible. I’m contracting a company called SafeScope to take on the PD role; approx £1k for the project.  

Again, from what I’ve read, as a domestic client we aren’t deemed competent to to be the PC, so that role falls to the contractor whether they accept it or not. However, the accountability gets messy if more than one contractor is active on the site at the same time. They can’t both be the PC, so then HSE have to decided who is most accountable between the contractors and us as the domestic client: I’m not sure how to cover that risk other than educate myself on safe practice..  Someone more knowledgeable will hopefully put right anything I’ve misunderstood. 

[Alan Ambrose]

That’s interesting re safescope - do you have a sense what they will actually be doing?

[zzPaulzz]

1 hour ago, Alan Ambrose said:

That’s interesting re safescope - do you have a sense what they will actually be doing?

2.1 CDM PRINCIPAL DESIGNER (CDM-PD)

To act as Principal Designer for the above proposed works in accordance with

Construction (Design and Management) Regulations 2015, as follows:

2.1.1 Plan, manage and monitor the Pre-construction Phase (Regulation 11(1))

2.1.2 Co-ordinate matters relating to health and safety during Pre-construction

Phase taking into account General Principles of Prevention, contents of any

Construction Phase Plan and Health and Safety File – in particular during

planning and developing project timescales (Regulation 11(2))

2.1.3 Identify, eliminate or control, so far as is reasonably practicable, (in planning,

managing and monitoring the pre-construction phase) foreseeable health and

safety risks during construction, maintenance, cleaning and use as a workplace

(Regulation 11(3))

2.1.4 Ensure all Designers comply with their duties (Regulation 11(4))

2.1.5 Ensure all involved in pre-construction phase co-ordinate and co-operate with

each other (Regulation 11(5))

2.1.6 Prepare Pre-construction Information (Regulation 11(6)a))

2.1.7 Provide Pre-construction Information to every designer and contractor

(appointed or prospective) (Regulation 11(6)b))

2.1.8 For the duration of Principal Designer appointment, liaise with Principal

Contractor and share information about construction phase and co-ordination

of health and safety matters (Regulation 11(7))

2.1.9 Provide Pre-construction Information and any information received from the

Designers to the Principal Contractor (Regulation 12(3))

2.1.10 Preparing a Health and Safety File during the pre-construction phase and

reviewing, updating and revising regularly (Regulation 12(5 and 6)). Printing of

any hardcopies is not included.

[Alan Ambrose]

Well looks like they have found a useful niche...many thanks.

[saveasteading]

I can see the attraction of accepting the role. Being in charge, you can send other trades away, and not have them getting in the way.

Also they will have an inspection before commencing, and again can refuse if there is an issue, ie the site is not ready or safe.

And then a time comes when they hand over and are no longer responsible.

This is better than being subservient to a non competent contractor or client who might be getting in the way.....or worse is that nobody is in charge.

[zzPaulzz]

10 minutes ago, saveasteading said:

I can see the attraction of accepting the role

Which role?

[saveasteading]

24 minutes ago, zzPaulzz said:

Which role?

Principal designer, principle contractor. Both but only when substantially the main player....and sometimes would decline.

[zzPaulzz]

9 minutes ago, saveasteading said:

Principal designer, principle contractor. Both but only when substantially the main player....and sometimes would decline.

Ah right. I guess you are speaking as a builder? As a domestic client I don't want to mess with the PD role as it seems fundamental to the new HSE approach to safety by design. For the PC I'm aiming to structure the scope of works for each contractor to minimise overlap so that they each become the default PC when they take over on site.  Does that make sense?  

[saveasteading]

1 hour ago, zzPaulzz said:

Does that make sense?  

Yes. Keep them apart.

[LnP]

On 08/09/2024 at 17:41, zzPaulzz said:

Does that make sense?  

For a self managed project, I don't think it does, although to be honest, I don't think CDM was written with self builders in mind. Nevertheless, you need to think about who's in charge when you have more than one trade on site? Who's going to prepare the Construction Phase Plan? CDM 2015 is intended to clarify that where there is more than one contractor, there should be a single PC taking responsibility for those things.

 

HSE have a web page regarding CDM for self builders which points to the Self Build Portal. For self managed projects, it stops short of saying that the client should appoint themselves as PC, but it does say that the client has to comply with all the matters in Part 4 of the regs.

 

Consider the situation where the timber frame company is erecting the frame with a tele handler and at the same time an electrician comes on site to install a temporary power supply. You can expect the frame company to be responsible that their own people are not at risk from the movement of the tele handler (reg 27 in Part 4), but not for the electrician. The client has to coordinate that.

 

Maybe as a self managing self builder one doesn't appoint oneself as PC, but the duties are effectively the same.