A new guide from the Building Engineering Services Association (BESA) has been launched to encourage those who commission building work to accelerate the adoption of building safety standards.
On 5 May, the Building Engineering Services Association (BESA) and a coalition of industry bodies launched “The Client’s Guide to the Building Safety Act” at the Houses of Parliament. In this article, BESA explore what the legislation means in practice, highlighting the responsibilities of “The Client” under the Building Safety Act (BSA) and the steps needed to support safer building projects from start to finish.
Why this guide matters and how it will help you
If you are a client, you are in a powerful position. You shape the culture, competence and compliance of every building project you commission. The BSA now formally recognises this, placing legal duties on clients to lead from the front. This guide has been developed to help clients understand their legal responsibilities under the BSA, make confident and informed decisions from the earliest stages of a project, and protect their investment, reputation and the people using their buildings.
The culture you set from day one, your expectations, priorities and behaviour have a direct influence on whether safe, compliant outcomes are achieved. Clients who lead with integrity, clarity and accountability create the conditions for their teams to succeed. Whether you are delivering housing, healthcare, commercial space or infrastructure, the message is the same: You can’t outsource compliance.
But with the right approach, support and understanding, you can lead safe, successful projects that stand the test of time. In this article we focus on who is the client, what are the client’s main duties and their legal responsibilities for all buildings including what a client needs to know and do in six stages of the project.
Who is the client?
If you are a building owner, a developer or commissioning building work, you’re “The Client” under the BSA. Under the BSA, being ‘the Client’ comes with serious legal duties – you cannot pass them on. Clients now hold more responsibility than ever before. Knowing your role is critical to keeping people safe, staying compliant, and protecting your investment.
The client: Defined
• The Client is the person or organisation who commissions building work – whether it it is design, construction, refurbishment or ongoing maintenance.
• You are a Dutyholder under the BSA . That means you have clear legal responsibilities for building safety throughout the lifecycle of your project.
• Building work includes erecting or extending a building, providing or extending a controlled service or fitting in connection with a building, and the material alteration of a building or a controlled service or fitting.
• Controlled services or fittings include a service or fitting subject to Schedule 1 (of the Building Regulations) requirements in respect of sanitation, hot water safety, water efficiency, drainage and waste disposal, combustion appliances and fuel storage, conservation of fuel or power, and electrical safety.
What kind of clients is this work targeting?
The role of the Client applies to many different people and organisations, which include: Developers (Public and Private), building owners, housebuilders and developer contractors. The role of service providers Client advisors, architects, contractors, facilities managers and estate managers are not classed as a ‘Client Dutyholder’ under the BSA. They may take the role of Dutyholder in the capacity of a principal contractor, contractor, principal designer, designer or principal accountable person.
What are the client’s main duties?
As a Client under the BSA, you are responsible for creating the right conditions for safe, compliant delivery – from concept through to completion.
Here is what your main duties include:
Set up the project for success from the start
You must make suitable arrangements for planning, managing, and monitoring the project – including allocating enough time and resource to meet safety and regulatory requirements. This involves you choosing competent teams (with the right skills, knowledge, experience and behaviours), ensuring those you appoint have systems in place to meet building regulation duties.
You must remember to appoint key Dutyholders for design and construction, share relevant information with your team, access the right expertise, collaborate with other Dutyholders and your legal responsibilities for all buildings. Legal responsibilities for all (not just higher-risk) buildings Whether you are working on a commercial building, public facility, or high-rise development, if you are the Client, you have specific, non transferable responsibilities under the BSA. From small-scale projects to the tallest buildings, ANY building work requiring Building Regulations approval is covered.
Here is what you need to know and do at each stage of the project
1. Legal duties and compliance responsibilities
• As a Dutyholder under the BSA – and that means you are legally accountable for compliance with building regulations.
• You must appoint competent professionals – including the Principal Designer and Principal Contractor – who meet the required regulatory competence criteria.
• You are responsible for ensuring that all building work is delivered to the required safety and building standards.
• You must keep accurate records and documentation to demonstrate compliance.
• Your level of oversight should be proportionate to the risk and complexity of the project. Understand when extra checks, independent review or specialist advice is appropriate, and when competent professionals should be given autonomy within agreed parameters.
2. Planning and design stage responsibilities
• Appoint the right people: Appoint a Principal Designer and Principal Contractor to oversee Building Regulation compliance.
• Follow Building Regulations: Ensure designs comply and secure necessary approval from the Local Authority Building Control.
• Manage design risks: Identify potential hazards early and plan how to reduce them.
• Provide clear information: Give designers and contractors a clear project brief, including expectations around meeting standards.
• Keep records: Document decisions, risk assessments, and approvals.
• Check compliance: Monitor that work meets relevant requirements.
• Coordinate teams: Make sure everyone communicates and works together to avoid conflicts or safety issues.
3. Procurement and contractor selection
• Do not just go with the lowest bidder. Contractors must be selected based on competence and organisational capability, not lowest cost.
• The Principal Designer, Principal Contractor and specialist supply chain members must all have the required Skills, Knowledge, Experience and Behaviours (SKEB).
• Your procurement process must align with building safety compliance standards – it’s not just about price, it is about safety and quality before cost.
• Keep a clear record of why you selected each ‘dutyholder’. You may be asked in the future to explain your decision-making process.
• Check that your main contractor has assessed the competence of their subcontractors and that they meet compliance standards.
4. Questions you should be asking your contractors
• How does your organisation demonstrate capability to deliver works in line with relevant requirements including trade association membership?
• How do you measure and assess the competence (SKEB) of your employed and subcontracted workforce? (e.g. qualifications, training records, relevant experience).
• What systems do you have in place to monitor building safety risks during delivery?
• How do you co-operate and share information with other relevant dutyholders?
• Have you successfully delivered similar projects and can you provide references?
• How do you record and evidence safety and compliance decisions made during procurement and delivery?
Successful projects rely on constructive relationships. Clients should promote open dialogue, encourage challenge, and establish shared goals across the design and construction team. A culture of collaboration reduces conflict, improves decision-making and supports compliance.
5. Construction and on-site responsibilities
• Oversee safe construction: Ensure work is carried out safely, to specification, and in line with Building Regulations.
• Appoint and manage competent teams: Make sure the Principal Contractor and supply chain are competent for the tasked work.
• Monitor progress and risks: Keep track of site activities, address hazards promptly, and maintain records of inspections and decisions.
• Embed quality assurance from day one: Quality assurance is not only about meeting regulatory standards; it underpins the longterm performance and value of your building. Ensure verification, testing and inspection processes are in place from the outset.
6. Post-construction and occupation responsibilities
• Keep the building safe: Use the industry standard, SFG20, to ensure that the building fabric and its assets are appropriately maintained and continue to meet all statutory requirements.
• Use competent teams: Appoint qualified facilities managers to maintain and inspect the building.
• Keep records: Keep maintenance logs and safety information up to date.
• Act on risks: Deal promptly with hazards or defects that could affect occupants. Compliance is not optional and the stakes are high. By understanding and fulfilling these duties, you will protect the people using your buildings, stay on the right side of the law, improve build quality and safeguard your investment.
The guide also discusses, HigherRisk Buildings – Specific duties for the clients, if your project involves a Higher Risk Building (HRB), you have additional legal duties beyond the standard requirements. You
must: Follow the Gateway process, engage competent dutyholders, maintain the Golden Thread, develop the Construction Control Plan, report safety occurrences, change control, register the building, prepare a safety case and ongoing monitoring and maintenance.
What happens if you get it wrong?
Non-compliance has serious consequences including regulatory action from the Building Safety Regulator, financial penalties and criminal prosecution.
What makes a client compliant?
The message is simple: the regulator must do its part, but so must the industry. Poor-quality submissions hold everyone back. They explore the reality of poor applications and how compliant clients can avoid pitfalls by making sure their applications are complete, competent, and supported by evidence.
Discussing the Parliamentary launch of the guide, David Frise, Chief Executive at the BESA, said: “It was great to see so many industry leaders come together to support this important initiative and reinforce the role of clients in delivering safer, compliant buildings. “It is important that the Guide is shared widely, particularly with clients, colleagues, supply chain partners and stakeholders who have responsibilities under the BSA. Raising awareness and improving understanding across the industry is essential if we are to drive meaningful change and deliver safer buildings together.”
Iain McIlwee, FIS Chief Executive, who attended the launch said: “This is an excellent and important piece of work that reminds us the BSA isn’t just about changing the way we conduct work, but also how we commission work. It was great to be here for the launch and we will do all we can to support BESA in championing this document and the message that goes with it into the market.”
To download the BESA Guide visit: https://www.thebesa.com/clientsguide-building-safety-act
www.thebesa.com
