Building safety rules in England now test both firms and people. A policy, training list or company badge is not enough by itself. Each person who carries out design or building work must have the right skills, knowledge, experience and behaviours for the task.
The firm must also have the systems and staff needed to manage the work. This makes dutyholder competence evidence a key part of construction site compliance. It should show who was fit for the role, what checks took place and how risks were dealt with.
Start With the Legal Role
The client must appoint a principal designer and principal contractor in writing when more than one designer or contractor is involved. A person or an organisation may hold either role.
When an organisation is appointed, it must name a competent person within the business to carry out the role’s tasks. That does not make the named person the legal dutyholder. The role and its legal duties stay with the organisation.
This point matters for building safety duties. An internal title does not shift the entire legal role from the firm to a single worker. However, the named person must still be fit to carry out the tasks given to them.
What Counts as Evidenced Competence?
The Building Regulations use four tests for an individual:
- skills
- knowledge
- experience
- behaviours
The evidence must suit the actual work. A training course or site card may help, but it may not prove that someone can manage the same type, size or level of risk.
A useful competence record may include:
- recent work on similar projects
- training linked to the role
- design reviews or site checks
- proof that faults were raised and closed
- notes of help sought from a specialist
- records of changes and fresh checks
Government guidance says training and a portfolio of past work can help prove competence. PAS 8671 and PAS 8672 may also help assess principal designers and principal contractors.
Yet following a standard does not prove, by itself, that every legal duty has been met. The assessment must still be backed by sound evidence.
Behaviour Is Part of the Test
Competence is not only about what a person knows. It also covers how that person acts.
A competent person should work with others and ask for help when it is needed. They should refuse work that is beyond their skill. They should also refuse to carry out or accept work that does not meet the relevant rules.
These points matter when cost or time pressure starts to affect quality. Staying silent after finding a clear fault may raise questions about judgement and control.
A short record can show what happened. It may state what was found, who was told, what had to change and who checked the fix. This turns a broad claim of competence into a clear trail of facts.
Delegation Does Not End the Duty
A principal designer or principal contractor may pass set tasks to other people. They cannot pass away the legal role.
The principal designer must plan, manage, monitor and co-ordinate the design work. The principal contractor must carry out the same broad tasks for the building work.
Both must take reasonable steps to make sure the wider team meets its duties. Delegating a check or review does not make the other person the principal dutyholder.
This is why dutyholder competence evidence should cover action, not just job titles. Review notes, test results, inspection records and change logs can show that control was active throughout the job.
When Can Personal Liability Arise?
A company breach does not make every director or manager guilty. Section 112A of the Building Act 1984 sets a more exact test.
An officer of a company may also commit the offence when it took place with that person’s consent or connivance. The same can apply when the offence was due to that person’s neglect. The section covers directors, managers, secretaries and people in similar roles.
Where the client appoints an individual as the principal designer or principal contractor, that individual holds the legal role. Where an organisation is appointed, the legal role stays with that organisation.
A breach of the Building Regulations can be a criminal offence. On conviction on indictment, section 35 of the Building Act 1984 allows a fine, up to two years in prison, or both.
This does not mean that every weak record will lead to a charge. However, poor records may make it harder to show what steps were taken and why key choices were made.
Build the Record While Work Is Live
Good records should be made as the job moves, not after a fault comes to light. Before an appointment, the scope and risks should be checked. Any gaps should be noted, with a clear plan for support or added review. When the work changes, competence should be checked again.
The aim is not more paperwork. It is better control and a fair record of key choices. Strong dutyholder competence evidence links the person, the firm, the task and the action taken. That is the clearest way to show that building safety was treated as a live duty, not as a form to file at the end.
