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Completions & Planning · Mandatory · Completion

Building Regulations Compliance Declaration

The compliance declaration required from the client, principal designer, and principal contractor before Building Control can issue a completion certificate. In force since 1 October 2023 for all building work in England. Each dutyholder must declare that they fulfilled their Part 2A duties. A false declaration is a criminal offence under the Building Act 1984. HRBs have additional requirements through the BSR.

Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. Building Regulations (Amendment) England 2023 — Part 2A remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.

Legal basisBuilding Regulations (Amendment) (England) Regulations 2023 — Part 2A
In force1 October 2023
Applies toAll building work in England that requires a building control submission
Declarations requiredClient, Principal Designer (Part 2A), and Principal Contractor must each make a compliance declaration
Criminal offenceA false compliance declaration is a criminal offence under the Building Act 1984
CompletionWithout all declarations, a completion certificate cannot be issued by the building control body

1. Compliance Declaration — A New Completion Requirement Since October 2023

The Building Regulations (Amendment) (England) Regulations 2023 introduced Part 2A, which imposes a new requirement for compliance declarations from the client, the Principal Designer, and the Principal Contractor before a completion certificate can be issued. This is the most significant new compliance requirement since CDM 2015.

Without all three declarations, the building control body — whether LABC, a Registered Building Control Approver (RBCA), or the Building Safety Regulator (BSR) for higher-risk buildings — cannot issue a completion certificate. The declarations must be genuine and evidenced, not rubber-stamped at the end of the project. Each duty holder is personally declaring that, to the best of their knowledge, the building work complies with all applicable requirements of the Building Regulations.

Important

A false compliance declaration is a criminal offence under the Building Act 1984 — declarations must be genuine and evidenced. Each duty holder must be able to demonstrate the basis on which they made their declaration, supported by records maintained throughout the project.

2. Declaration Content & Evidence Base

The following table sets out the content of each declaration and the evidence base required to support it. Each declaration must be completed by the named duty holder and submitted to the relevant building control body.

ElementDetail
Project detailsSite address, building control reference, description of building work, applicable Building Regulations schedules.
Client declarationThe client declares that they have fulfilled their duties under Part 2A — appointing a Principal Designer and Principal Contractor, making arrangements to ensure compliance, and providing relevant information. Signed by the client or an authorised representative.
Principal Designer declarationThe PD (Part 2A) declares that, to the best of their knowledge, the design of the building work complies with all applicable requirements of the Building Regulations. Must be supported by a design compliance register, design review records, and coordination evidence.
Principal Contractor declarationThe PC declares that, to the best of their knowledge, the building work as constructed complies with all applicable requirements of the Building Regulations. Must be supported by inspection records, test certificates, commissioning records, and as-built documentation.
Evidence baseEach declaration must be supported by contemporaneous records: design stage compliance checks, construction stage inspections, material certificates, test results, commissioning data, and building control inspection records. Records must be maintained throughout the project — not compiled retrospectively.
Submission toLABC (Local Authority Building Control), RBCA (Registered Building Control Approver), or BSR (Building Safety Regulator) for higher-risk buildings. Submitted before or at the time of application for a completion certificate.

3. Common Mistakes

1

Not appointing a PD under Building Regulations Part 2A

The Part 2A Principal Designer is a distinct appointment from the CDM 2015 Principal Designer. The Part 2A PD has duties relating to Building Regulations compliance, not health and safety. It is often the same person or organisation, but a separate formal appointment must be made and documented. Without a Part 2A PD appointment, no PD declaration can be made, and no completion certificate can be issued.

2

Not keeping records throughout the project

The declarations must be supported by contemporaneous evidence — records created at the time the work was designed and carried out. Compiling evidence retrospectively at completion is both unreliable and difficult to defend. Design compliance checks, construction inspections, test certificates, and commissioning records must be maintained as the project progresses. A last-minute attempt to assemble a compliance file is a clear indicator that the declaration may not be genuine.

4. Frequently Asked Questions

What is the difference between CDM 2015 PD and Building Regs Part 2A PD?

The CDM 2015 Principal Designer focuses on health and safety during design and construction — ensuring that designers manage foreseeable risks and that the health and safety file is prepared. The Part 2A Principal Designer focuses on Building Regulations compliance — ensuring that the design complies with all applicable requirements and making a declaration to that effect. They are often the same person or organisation, but the appointments are legally separate and carry different duties. A CDM PD appointment does not automatically satisfy the Part 2A requirement, and vice versa.

What happens if one of the declarations cannot be made?

If any of the three duty holders cannot honestly declare compliance, the building control body cannot issue a completion certificate. The duty holder must identify what is preventing the declaration — whether a design element does not comply, construction work does not match approved drawings, or a test has not been carried out — and resolve the issue before the declaration can be made. Proceeding to make a declaration that the duty holder knows to be false is a criminal offence.

Does Part 2A apply to all building work in England?

Part 2A applies to all building work in England that is subject to the Building Regulations and requires a building control submission. This includes new builds, extensions, material alterations, and changes of use. It does not apply to building work that is exempt from the Building Regulations or to work in Wales, Scotland, or Northern Ireland, which have separate regimes.

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This guide is for general informational purposes only and does not constitute legal advice. While every effort is made to ensure accuracy, regulations change and individual project circumstances vary. Construction Suite is a trading name of Xzist Digital Ltd, registered in England and Wales.

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