The new building safety regime

the risk is that (as we argued here) it will only overlay additional problems over

professions already overburdened with liabilities that should rightly lie elsewhere.

If it is to be pursued, then it surely must go hand-in-hand with a wholesale shift of the

designer’s standing and influence over the project and with it a re -writing of the

contractual documentation that governs their appointment. If the professions are

truly to take over the mantle of ensuring building safety, then the necessary corollary

needs to be the power to bring that about. And that means the way buildings are

procured under the Act needs careful consideration, and in all likelihood, a new

approach . The hope is that this aspect forms part of the ‘culture change’ the

Government are seeking to bring about.

The importance of the client

A welcome message in the consultation response is that the Government recognise

the crucial role clients, especially commercial clients, play in a project’s success or

failure. In the words of DLUHC they “have a major influence over the way a project is

pr ocured, managed and funded…they control the contract, the finances and the time

available for the project”.

As a result, a new section of the Building Regulations will be introduced which,

amongst other things, will require clients to make suitable arrangements to:

• Ensure design work is carried out so that the building work to which the

design relates, if built, would comply with the requirements

• Ensure building work is carried out in accordance with the requirements

• On high risk building work, arrange for certain information to be provided.

Many of the client’s new responsibilities are ‘absolute’ obligations which impose

onerous and wide-ranging liabilities. Government recognise that many ‘commercial’

clients will need help to undertake these duties, including having others undertake

them on their behalf. In common with CDM, whilst the client can delegate the

function, they cannot transfer accountability.

The Government also recognise that domestic clients will not have the capability to

discharge these responsibilities and therefore there is provision in the legislation for

these duties to rest with those undertaking design and building work.