Building Safety Act · Mandatory · Pre-Construction
Competence Declaration — Duty Holders
A declaration by each duty holder confirming their competence under the Building Safety Act 2022.
Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. BSA 2022 Reg 6 remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.
| Legal basis | Building Regs etc. (Amendment) (England) Regs 2023 (Reg 6) + BSA 2022 |
| Status | Mandatory — required from all duty holders before and during HRB work |
| Scope | Applies to ALL buildings (not just HRBs) — enhanced requirements for HRBs |
| Project phase | Pre-Construction |
| Prohibition | A person must NOT accept an appointment as PC or PD unless they meet competence requirements |
1. Competence Declarations — The Legal Framework for Industry Professionalism
The dutyholder and competence regime introduced by the Building Safety Act and the Building Regulations etc. (Amendment) (England) Regulations 2023 fundamentally changes the legal basis for construction competence. Previously, competence was expected but not formally required or declared. Now, it is a legal requirement: duty holders must be competent, they must not accept appointments they are not competent to fulfil, and they must demonstrate competence through declarations.
The competence declaration is the documented evidence of this — a formal statement by each duty holder that they have the skills, knowledge, experience, and behaviours to fulfil their role on this project. For HRBs, this declaration forms part of the Gateway 2 application and is scrutinised by the BSR. For all buildings, it provides evidence that the client took all reasonable steps to appoint competent persons.
Professional body certification schemes now provide the primary route for demonstrating BSA competence — check your relevant body's position
Following the BSA, professional bodies including CIOB, ARB, RIBA, ICE, IStructE, CABE, and others have developed competence certification schemes and registers. CIOB's Principal Contractor Competency Certification Scheme (PCCCS) launched March 2024 provides a route for PCs to formally certify BSA competence. IStructE and ICE have published competence guidance for structural engineers working on HRBs. Check your professional body's current guidance and certification route before making declarations on HRB projects.
2. Competence Declaration — Content
The following table sets out the content of a competence declaration. Each declaring party must address each element with specific, project-relevant information.
| Element | Detail |
|---|---|
| Declaring party | Full legal name. Organisation. Role (PC / PD / Designer / Contractor). |
| Project | Project name and address. HRB reference number (if applicable). |
| Competence basis | How competence is established: Professional qualification (ARB/RIBA/ICE/IStructE etc.) Professional body register/certification. Relevant experience (specific similar projects). Relevant training. Organisational capability (for organisations). |
| Skills and knowledge | Specific competencies relevant to this project: fire safety and structural safety for HRBs. Knowledge of BSA duties and gateway regime. Building Regulations compliance for this building type. |
| Experience | Similar projects and professional history relevant to this appointment. |
| Behaviours | Commitment to raising concerns; cooperating with duty holders; supporting the golden thread and occurrence reporting systems. |
| Serious sanctions | Declaration that no serious sanctions have been issued in the preceding 5 years (required under Building Regs etc. Amendment Regs 2023 Reg 11C). |
| Declaration | I confirm that I have the skills, knowledge, experience and behaviours necessary to fulfil the role of [PC/PD/Designer] on this project in compliance with the Building Regulations. Signature. Date. Professional registration number. |
3. Common Mistakes
Treating the competence declaration as a formality to be signed without assessment
The competence declaration is a legal statement with real consequences — a false declaration is a breach of the Building Regulations. Before signing, each declaring party must genuinely assess whether they have the specific competencies required for this project. A PC experienced in commercial office buildings but not high-rise residential should not declare competence for an HRB without addressing the specific HRB competence requirements.
Not updating declarations when appointments change
If the PD or PC changes during the project, the new appointee must make a fresh competence declaration before accepting the appointment. A competence declaration made by the outgoing duty holder does not cover the incoming appointee.
Not requiring competence declarations from designers and contractors
Regulation 6 applies not only to the PC and PD but to all designers and contractors. The PC and client must take all reasonable steps to verify the competence of everyone they appoint — not just the top-level duty holders.
Failing to screen for serious sanctions
Regulation 11C requires that before appointing a PD or PC, the client must ask whether a serious sanction has been issued against them in the preceding 5 years. A serious sanction includes: a compliance notice relating to Part A or Part B of Schedule 1 to the Building Regulations; certain criminal convictions; and findings of a public inquiry. This screening is a legal requirement.
Organisational competence not assessed alongside individual competence
Competence is not just individual — it is organisational. A company bidding for PC work on an HRB must have the organisational capability to manage a BSA-compliant project: systems for change control; golden thread management; mandatory occurrence reporting; quality management. Individual qualifications alone do not demonstrate organisational capability.
4. Frequently Asked Questions
What is the ‘dutyholder’ regime and does it apply to all buildings?▾
Yes — the dutyholder regime introduced by Building Regs etc. (Amendment) (England) Regulations 2023 applies to ALL buildings subject to Building Regulations — not just HRBs. For all projects: clients must take reasonable steps to appoint competent PD and PC; all designers and contractors must be competent for their work. For HRBs: the requirements are more stringent, specifically including fire safety and structural safety competence, and are checked by the BSR at Gateway 2.
What is a ‘serious sanction’ for Regulation 11C purposes?▾
A serious sanction under Regulation 11C includes: issuance of a compliance notice relating to contravention of Building Regs Parts A (structure) or B (fire safety); a stop notice; certain criminal convictions relating to building safety; a public inquiry report finding that the person’s actions resulted in deaths or likely Building Regulations contraventions. The 5-year look-back period starts from the date of the appointment.
Does the competence requirement apply to subcontractors?▾
Yes — Regulation 11F requires every person carrying out building work as a contractor to have the skills, knowledge, experience, and behaviours necessary. The PC must take all reasonable steps to satisfy themselves that any contractor they appoint is competent. For HRBs, this extends to subcontractors working on safety-critical elements.
Can an individual be the Principal Designer and Principal Contractor on the same project?▾
No. The Principal Designer and Principal Contractor are distinct roles with distinct duties — the PD manages the design phase; the PC manages construction. They must be separate appointments. Where there is only one contractor on a project, that contractor is treated as the PC but must still ensure a PD is appointed for the design work.
Generate your Competence Declaration — Duty Holders on Construction Suite
Construction Suite walks you through every required section with a guided Q&A — built to BSA 2022 Reg 6 — and generates a professionally formatted document in minutes.
Get started freeThis 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.