The Building Regulations 2010, CHAPTER 1 — Client (11A–11C) — Full Text

Suitable arrangements to ensure compliance with requirements etc

11A

(1) A client must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) so as to ensure compliance with all relevant requirements. (2) Arrangements under paragraph (1) are suitable if— (a) they ensure that the design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements; (b) they ensure the building work is carried out in accordance with all relevant requirements; (c) they enable the designers and contractors to cooperate with each other to ensure compliance with all relevant requirements; and (d) they provide for periodic review of the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work. (3) A client must ensure that the arrangements under paragraph (1) are maintained and reviewed throughout the project. (4) A client must provide building information as soon as is practicable to every designer and contractor on the project. (5) A client must cooperate with any other person working on or in relation to a project to the extent necessary to enable any person with a duty or function under these Regulations to fulfil that duty or function. (6) Where there is more than one client in relation to a project— (a) the clients may agree in writing which of them is to be treated for the purposes of these Regulations as the client; (b) except for the duties specified in sub-paragraph (c), only the person who agreed to be treated as the client under sub-paragraph (a) is subject to the duties owed by a client under these Regulations; (c) the duties in the following provisions are owed by all clients— (i) paragraph (4) to the extent that those duties relate to information in the possession of the client or which is reasonably obtainable by or on behalf of the client; (ii) paragraph (5); and (iii) regulation 11B (arrangements as to information: higher-risk building work).

Arrangements as to information: higher-risk building work

11B

(1) A client must make suitable arrangements to ensure information is provided to the designers and contractors working on a project which includes any higher-risk building work to make them aware that the project includes higher-risk building work and the nature of the higher-risk building work. (2) Paragraph (1) includes a duty to periodically review the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work and to ensure information is provided under paragraph (1) where the work becomes higher-risk building work.

Domestic clients

11C

(1) Where the client is a domestic client the duties in regulations 11A(1) to (3) and 11E(2) to (5) must be carried out by— (a) where there is only one contractor for a project, the contractor; (b) where there is more than one contractor for a project— (i) the principal contractor; or (ii) the principal designer where the client and the principal designer agree in writing the principal designer is to fulfil those duties. (2) If a domestic client fails to make the appointments required by regulation 11D (principal designer and principal contractor)— (a) the designer in control of the design phase of the project is the principal designer; (b) the contractor in control of the construction phase of the project is the principal contractor. (3) Regulation 11D(5) does not apply to a domestic client.

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