Understanding the New Compliance Declarations: What Dutyholders Need to Know

The introduction of new forms and declaration processes is reshaping the obligations of all key dutyholders across the construction and building safety landscape. In this article, we unpack some of the most common misconceptions surrounding the declaration requirements, explain the legal framework, and walk through the purpose, format, and best-practice approach for completing these critical documents.

What Are Compliance Declarations and Why Do They Matter?

Compliance Declaration Statements are now a pivotal requirement for all building projects. For higher-risk buildings (HRBs), these obligations are even more stringent, with additional documentation required at specific Gateway points.

At their core, Compliance Declarations are formal notices submitted either as part of the Building Control approval process or alongside completion certificate applications. They confirm that each dutyholder:

• Has discharged their legal responsibilities, and

• Has taken all reasonable steps to ensure compliance with the Building Regulations.

Declarations are required from:

• Principal Designer (PD)

• Principal Contractor (PC)

• Client

Each declaration relates strictly to that dutyholder's statutory responsibilities—not those of others—and must not extend beyond what is required by the regulations.

Compliance Declarations for All Buildings

Under Regulation 16(4) of the amended Building Regulations:

• The Principal Designer must sign a statement confirming they have fulfilled their duties relating to design workunder Part 2A (dutyholders and competence).

• The Principal Contractor must confirm they have fulfilled their duties relating to building work under the same regulations.

• The Client must confirm, to the best of their knowledge, that the work complies with Building Regulations.

These statements support the Building Control body's assessment and must accompany completion certificate applications for both standard and higher-risk building projects.

Additional Requirements for Higher-Risk Buildings (HRBs)

While HRBs require the same dutyholder declarations, they also introduce a separate, significant document:

The Building Regulations Compliance Statement (BRCS)

The BRCS is the centrepiece of Gateway 2 and must be approved before construction begins. Its primary purpose is to demonstrate, with evidence, how every significant aspect of the design meets the Building Regulations. Failure to secure Gateway 2 approval halts construction and exposes the project to legal, financial, and reputational risks.

What the BRCS Must Contain

A complete and compliant BRCS should include:

1. Detailed Design Approach

For each major element, fire safety, structure, energy performance, accessibility, materials, etc., the BRCS must describe:

• The design solution

• The relevant Building Regulations (Parts A–S)

• How the solution meets those functional requirements

2. Technical Justification

Each solution must be backed by:

• Approved Documents

• British Standards

• Best practice guidance

• Specialist engineering or fire safety reasoning

3. Supporting Evidence

This may include:

• Plans and annotated drawings

• Structural or engineering calculations

• Fire safety strategies

• Testing data

• Reports and technical certification

Each piece of evidence must be clearly connected to its corresponding regulatory requirement.

4. Addressing Departures from Guidance

Where the design does not follow standard prescriptive guidance (e.g., Approved Document B), the BRCS must explain:

• Why

• How compliance is still achieved

• What alternative technical evidence is relied upon

5. Standards and Guidance Referenced

Every cited standard should include:

• Edition

• Year

• Reason for selection

Many successful BRCS documents adopt a tabular, matrix, or mapped format that aligns each regulation with the solution, evidence, and justification.

The Dutyholder Declarations in Detail

1. Principal Designer Declaration

The PD declaration is a signed, standardised statement confirming the PD has:

• Fulfilled all duties under Regulation 11 and Part 2A

• Taken all reasonable steps to prevent regulatory breaches

• Maintained clear compliance records and coordinated specialist input

A PD’s declaration typically includes:

• Project identifiers

• Name and details of the PD

• A compliance confirmation

• Signature and date

Signing this declaration carries personal accountability. False or negligent declarations may trigger investigation, enforcement, or professional disciplinary action.

2. Principal Contractor Declaration

The PC declaration mirrors the PD’s format but relates to construction management. The PC confirms:

• Construction followed regulatory requirements

• Materials, workmanship, and installation maintain the “golden thread”

• Competence, safety, and compliance processes were properly managed

Again, the declaration must be signed and dated.

3. Client Competence and Compliance Declaration

Clients must now:

• Demonstrate that appropriate, competent dutyholders have been appointed

• Provide evidence of due diligence

• Explain any gaps where declarations from designers or contractors cannot be obtained

Competence assessments typically include:

• Professional credentials

• Experience on similar projects

• Organisational capability

• Technical references or certifications

These requirements significantly strengthen accountability and promote a culture of informed, competent appointments.

When Dutyholders Change: Managing Principal Designer Handover

If a Principal Designer's appointment ends before project completion:

• The client must receive a document outlining how PD duties will be fulfilled—within 28 days.

• For HRBs, the outgoing PD must provide either:

  • A statement confirming they fulfilled their duties, or

  • A statement explaining which duties were not fulfilled and why

This transparency is critical for the incoming PD, reducing risk and ensuring continuity of the compliance process. If a client fails to appoint a replacement PD (other than a domestic client), they legally assume the PD duties themselves. Multiple PD declarations may, therefore, form part of the final compliance documentation.

Final Thoughts

The new regime has fundamentally reshaped compliance responsibilities across all building projects.

Key takeaways:

• Declarations from PD, PC, and the Client are now mandatory, reinforcing personal accountability.

• Higher-risk buildings require the BRCS at Gateway 2, demanding rigorous, evidence-backed justification for every design and construction decision.

• Client competence declarations strengthen due diligence and support the golden thread of building safety.

• Clear handover processes are required when dutyholders change, ensuring continuity and regulatory integrity.

• Dutyholders must avoid overreaching declarations, especially those drafted by clients, to prevent undue liability.

As the industry adapts to these enhanced requirements, the emphasis remains on transparency, competence, and robust evidence. Cornerstones of safer, compliant, and more accountable construction.