The duty holder is the person or organisation with legal control of premises or work activities. They must understand their statutory duties, appoint competent contractors, and hold contemporaneous evidence. The same evidence pack satisfies insurers, mortgagees, freeholders and enforcing authorities — build it once, maintain it monthly.
The concept of the duty holder
Every UK health and safety regulation names a duty holder — the person or organisation legally responsible for compliance. The label changes by regime:
- Fire Safety Order 2005 — Responsible Person
- Health and Safety at Work Act 1974 — Employer, self-employed
- CDM 2015 — Client, Principal Designer, Principal Contractor
- Building Safety Act 2022 — Accountable Person, Principal Accountable Person (higher-risk buildings)
- Electricity at Work 1989 — Employer, duty holder
- LOLER 1998 — Person having control of the lifting equipment
In a typical managed property, several duty-holder roles sit concurrently on the same organisation. Managing agents frequently hold the Responsible Person role by contract even when the freeholder retains ownership.
The four things every duty holder must do
- Understand the duty — read the primary regulation and the relevant Approved Code of Practice. ACoPs carry special legal status: if you don't follow them, you must show equivalent compliance.
- Appoint competent contractors — third-party accreditation (BAFE, NICEIC, LCA, SAFed), professional indemnity insurance, and named engineer competence.
- Hold contemporaneous evidence — certificates, log books, remedial records, all dated and centralised.
- Act on findings — a risk assessment that identifies actions the duty holder has not delivered is worse than no assessment at all.
The evidence pack
The same pack answers to insurers, mortgagees, freeholders and enforcing officers. Build it once per building and keep it live:
Statutory certificates (dated, in-date, indexed by asset):
- Fire Risk Assessment (annual review, refresh at least every 4 years)
- Emergency lighting test certificates (BS 5266)
- Fire alarm service records (BS 5839)
- Fire door inspection register (quarterly in high-rise residential)
- EICR (5-yearly, sooner where recommended)
- Legionella Risk Assessment (2-yearly review)
- LOLER thorough examination reports (6-monthly for passenger lifts)
- Gas safety certificate (annual for domestic and commercial)
- Asbestos management plan and register
- Energy Performance Certificate
Risk assessments — fire, water, general workplace, working at height, DSEAR, manual handling.
Contractor documentation — SafeContractor, CHAS or Constructionline; professional indemnity and public liability insurance schedules; competence evidence for named engineers.
Compliance register — one row per statutory item, with last-completed date, next-due date, responsible person, contractor, status.
How enforcement escalates
Informal notice / letter — often the first step. Documents the breach and gives the duty holder a chance to remediate.
Improvement Notice — formal statutory notice specifying the breach, the required remediation and the deadline (typically not less than 21 days). Failure to comply is a criminal offence.
Prohibition Notice — used where the enforcing officer believes the risk of serious personal injury is imminent. Takes effect immediately (or on a specified date) and prohibits use of all or part of the premises. Appeal does not automatically suspend it.
Prosecution — the duty holder is prosecuted for breach of the underlying regulation. Fines are unlimited on indictment; individuals can face imprisonment.
Insurance and financial consequences
Failure to maintain statutory compliance is a material breach of almost every commercial property insurance policy. Insurers can:
- Refuse to pay a claim
- Increase premium at renewal
- Refuse to renew
- Report the duty holder to the FCA where regulated
Mortgage lenders and freeholders can call in the loan or forfeit the lease on the same grounds.
Getting help
The duty holder role does not require the duty holder to do the technical work. It requires them to appoint competent contractors, hold the evidence, and act on findings. The desk exists to accelerate step 2 — matching duty holders with vetted specialists inside 48 hours so the pack stays current.
Frequently asked
Who is the duty holder?
The person or organisation with legal control of the premises or the work activity. Depending on the regulation, this is the employer, the building owner, the managing agent, the Responsible Person (fire), the Accountable Person (Building Safety Act), or the Landlord.
Can I delegate the duty?
Statutory duty cannot be delegated. You can appoint competent contractors and consultants to discharge the duty on your behalf, but responsibility for compliance remains with the duty holder.
What goes in a compliance evidence pack?
Statutory certificates (FRA, EICR, LRA, LOLER, EPC), current risk assessments, remedial works records, contractor accreditations, insurance schedules, and a compliance register with next-due dates — all centralised, dated and accessible.
What triggers an enforcement notice?
A visit or complaint that identifies a breach of statutory duty where the enforcing officer believes the duty holder has failed to act reasonably. Prohibition Notices bite immediately where the risk of serious injury is imminent.
Sources & further reading
