Paragraph 1 Competence declarationI1

England and Wales

(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 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations^f1, and

(ii)

having taken all reasonable steps, is satisfied that the principal designer fulfils the requirements in regulations 11W(1) and (2) and 11X(1) of the 2010 Regulations^f2, 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 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations^f3, and

(ii)

having taken all reasonable steps, is satisfied that the principal contractor fulfils the requirements in regulations 11W(1) and (2) and 11Y(1) of the 2010 Regulations^f4, 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 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations^f5, and

(ii)

having taken all reasonable steps, is satisfied that the person fulfils the requirements in regulations 11W(1) and (2) of the 2010 Regulations^f6, 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 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations^f7, and

(b)

include a declaration as to the truth of that statement.

(6)

Any competence declaration must—

(a)

be signed by the client or by a person on behalf of 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 11U(8) or 11U(9) (principal designer and principal contractor) of the 2010 Regulations^f8.

Annotations

Commencement

I1: Sch. 1 para. 1 in force at 1.7.2026, see reg. 1(3)

Footnotes

f1: Regulation 11V(2)(b) was inserted by S.I. 2025/1320 (W. 215).
f2: Regulations 11W and 11X were inserted by S.I. 2025/1320 (W. 215).
f3: Regulation 11V was inserted by S.I. 2025/1320 (W. 215).
f4: Regulations 11W and 11Y were inserted by S.I. 2025/1320 (W. 215).
f5: Regulation 11V was inserted by S.I. 2025/1320 (W. 215).
f6: Regulation 11W was inserted by S.I. 2025/1320 (W. 215).
f7: Regulation 11V(2)(b) was inserted by S.I. 2025/1320 (W. 215).
f8: Regulation 11U was inserted by S.I. 2025/1320 (W. 215).