Partnering BESA on The Client’s Guide to the Building Safety Act
The Building Safety Act has fundamentally reshaped accountability across the built environment.
Clients are now statutory dutyholders. Legal responsibility for compliance, competence and oversight sits clearly at client level, from early planning through to occupation. That responsibility cannot be transferred.
To support this shift in accountability, BESA has launched The Client’s Guide to the Building Safety Act, which has been developed in collaboration with cross-industry partners. The guide provides clear, practical advice to help clients understand their duties and lead compliance with confidence.
We are proud to have supported the development of this guide, with our Technical Director, Wayne McKiernan, contributing industry insight to help shape its practical application.
Why this guide matters
The new building safety regime is not simply about legislation. It is about leadership. The Building Safety Regulator has made clear that poor quality submissions, incomplete gateway applications and weak procurement decisions continue to delay projects. Many of these issues can be traced back to gaps in client understanding or oversight at the earliest stages.
Wayne McKiernan explains: “We continue to see gateway delays and regulatory challenges that stem from gaps in early stage governance. The legislation is clear, but interpretation can vary. This guide translates the statutory duties into practical steps that clients can apply on real projects.”
The guide sets out:
• The legal responsibilities of the Client under the Act
• Duties that apply to all buildings requiring Building Regulations approval
• Additional obligations for Higher Risk Buildings
• The importance of appointing competent Principal Designers and Principal Contractors
• The need for robust governance, record keeping and proportionate oversight
It reinforces a central message. Compliance cannot be outsourced.
Clients as dutyholders
Under the Building Safety Act, the Client is defined as the organisation or individual who commissions building work. This includes developers, building owners and those procuring design, construction or refurbishment.
Clients must:
• Make suitable arrangements to plan, manage and monitor projects
• Appoint competent dutyholders
• Provide relevant building and safety information
• Maintain oversight proportionate to risk
• Ensure work complies with Building Regulations
For Higher Risk Buildings, additional duties apply, including gateway approvals, golden thread requirements and formal engagement with the Building Safety Regulator.
These are not administrative exercises. They are critical safeguards designed to protect building users and improve long term building performance.
Competence and procurement
One of the most significant shifts under the new regime is the emphasis on competence. Procurement decisions must be based on skills, knowledge, experience and behaviours. Lowest cost alone is no longer a defensible position if it undermines safety or compliance. Clients are expected to:
• Verify the competency of dutyholders
• Record decision making processes
• Ensure supply chains are assessed appropriately
• Embed quality assurance from the outset
When clients set clear expectations and appoint competent teams, the entire supply chain performs better. Better informed clients lead to better built buildings.
Reducing risk. Protecting reputation. Safeguarding investment.
Non compliance carries serious legal, financial and reputational consequences. But beyond regulatory risk, strong client governance delivers tangible benefits, including:
• Improved build quality
• Reduced delays at gateway stages
• Stronger long term asset performance
• Increased confidence across stakeholders
The Building Safety Act has changed the rules. The Client’s Guide provides a practical route to meeting those responsibilities with clarity.
We encourage clients, developers and building owners to review the guidance and consider how their governance structures, procurement processes and oversight arrangements align with the new regime.
You can download The Client’s Guide to the Building Safety Act here:
https://www.thebesa.com/clients-guide-building-safety-act
