Since the enactment of the Building Safety Act 2022 and subsequent amendments to the Building Regulations 2010, much of the conversation has focused on the obligations imposed on higher-risk buildings (HRBs). While HRBs—particularly those over 18 metres or 7 storeys—have understandably garnered the most attention, the reality is that the dutyholder regime now applies far more broadly. This misconception of the regime's focus solely on HRBs can leave owners, operators, and contractors of other building types exposed to significant compliance risks if they fail to understand their full range of responsibilities.
This blog seeks to clarify the wider application of the dutyholder regime and its implications across the entire built environment.
The Dutyholder Regime: Beyond Higher-Risk Buildings
The Building Safety Act introduced a range of stringent requirements, with the dutyholder regime being one of its cornerstone elements. However, it is critical to recognise that the dutyholder obligations are not restricted to HRBs. The amendments to the Building Regulations in 2023, which underpinned the dutyholder regime, specify that the regime applies to all buildings undergoing significant construction work, refurbishments, or alterations.
This broader application means that dutyholders—whether clients, designers, principal contractors, or building owners—must fulfil their obligations for any building project. This includes ensuring compliance with safety regulations, managing risks throughout the building's lifecycle, and maintaining the accuracy of safety-critical information, regardless of whether the building is classified as "higher-risk."
Responsibilities for All Dutyholders
Under Regulation 9A of the Building Regulations, a clear framework for dutyholders is laid out. Clients, designers, and contractors must:
Ensure building work complies with Building Regulations at every stage.
Implement a system for managing risks associated with fire and structural safety.
Maintain a clear and comprehensive record of safety information, which must be handed over at key points throughout the lifecycle of the building.
For HRBs, these requirements form part of the 'golden thread'—a vital aspect of managing a building’s safety information. However, Regulation 38, which requires the provision of fire safety information to the responsible person upon completion of a building project, applies across all building types. This means the systems and processes introduced under the dutyholder regime are equally relevant to offices, retail spaces, industrial buildings, and other non-HRB assets. Failing to comply with these duties could expose building owners to enforcement action, project delays, or even financial penalties.
Real-World Implications
The expansion of the dutyholder regime beyond HRBs should not be seen as a regulatory formality but as an operational priority. Property owners and operators face growing scrutiny in terms of how they manage the safety and lifecycle of their buildings. Whether dealing with commercial properties, mixed-use developments, or refurbishments, these regulatory changes have far-reaching consequences.
For example, commercial office refurbishments, while not classified as higher-risk, still fall under the dutyholder regime. The owner must ensure that fire safety provisions comply with Regulation 7A, and that a golden thread of critical information is maintained throughout the project. Similarly, operators of industrial facilities undergoing expansion or renovation must comply with these same regulations to ensure fire and structural safety risks are mitigated.
The Risk of Overlooking the Dutyholder Regime
There are already clear signs of enforcement actions being taken across the sector, as regulatory bodies seek to hold building owners accountable for poor compliance practices. In some cases, non-HRB building operators have been caught out by assuming that their lower-risk classification exempts them from the strictest compliance standards. This misunderstanding could result in costly project delays, significant fines, or, in more serious cases, legal challenges that damage reputations.
This is why the regime's focus on accountability and transparency—throughout the planning, design, construction, and operation phases—is so critical. Clients and owners cannot afford to overlook these obligations, especially as the regulatory landscape continues to tighten.
Building Passport
As building owners and operators navigate the increasingly complex world of compliance, there is a growing need for tools that help manage these obligations efficiently. While the primary responsibility for ensuring compliance lies with the dutyholders, technology can play an invaluable role in reducing administrative burdens and providing a clear overview of critical information.
At Building Passport, we provide a platform that consolidates all building-related information into a single, easily accessible repository. This helps ensure that dutyholders are able to maintain the 'golden thread' of information required under the Building Safety Act, reducing the risk of non-compliance and improving operational efficiency. Whether dealing with higher-risk buildings or navigating the complex requirements of other building types, Building Passport enables a structured, transparent approach to compliance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified legal professional for advice specific to your circumstances.
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