# The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, Paragraph 1: Competence declaration

Extent: E+W

(1) A competence declaration is a statement, in relation to work, that contains a declaration in relation to—
(a) a principal designer (or sole or lead designer) for HRB work, a stage of HRB work or work to existing HRB,
(b) a principal contractor (or sole contractor) for HRB work, a stage of HRB work or work to existing HRB, and
(c) any other person appointed (A), in relation to the work, as at the date of the building control approval application for HRB work, a building control approval application for a stage of HRB work or the building control approval application for work to existing HRB.
(2) In relation to a principal designer for HRB work, a stage of HRB work or work to existing HRB, the competence declaration must—
(a) state that the client—
(i) has complied with regulation 11E(2)(b) (consideration of past misconduct) of the 2010 Regulations, and
(ii) having taken all reasonable steps, is satisfied that the principal designer fulfils the requirements in regulations 11F(1) and (2) and 11G(1) of the 2010 Regulations, and
(b) include a declaration as to the truth of that statement.
(3) In relation to a principal contractor for HRB work, a stage of HRB work or work to existing HRB, the competence declaration must—
(a) state that the client—
(i) has complied with regulation 11E(2)(b) (consideration of past misconduct) of the 2010 Regulations, and
(ii) having taken all reasonable steps, is satisfied that the principal contractor fulfils the requirements in regulations 11F(1) and (2) and 11H(1) of the 2010 Regulations, and
(b) include a declaration as to the truth of that statement.
(4) In relation to a sole contractor, or sole or lead designer, the competence declaration must—
(a) state that the client—
(i) has complied with regulation 11E(2)(b) (consideration of past misconduct) of the 2010 Regulations, and
(ii) having taken all reasonable steps, is satisfied that the person fulfils the requirements in regulations 11F(1) and (2) of the 2010 Regulations, and
(b) include a declaration as to the truth of that statement.
(5) In relation to any A, the competence declaration must—
(a) state that the client has been informed by the person appointing A that they have complied with regulation 11E(2)(b) (consideration of past misconduct) of the 2010 Regulations, and
(b) include a declaration as to the truth of that statement.
(6) Any competence declaration must—
(a) be signed by the client, and
(b) where there is more than one contractor for the HRB work, a stage of HRB work or work to existing HRB, include a copy of each record that the client created under regulation 11D(8) or, as the case may be, 11D(9) (principal designer and principal contractor) of the 2010 Regulations.

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Source: https://www.legislation.gov.uk/uksi/2023/909/schedule/1/paragraph/1 (the official version)
Page: https://openlegislation.uk/building-higher-risk-buildings-procedures-england-regulations-2023/schedule-1/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.