Principal Designer Confusion

In the last few weeks, I’ve had numerous discussions surrounding the role of the Principal Designer, sparked by the latest update to the Building Regulations that took effect on October 1, 2023. These conversations, while scattered with rumours and interpretations, are positive as they suggest a level of awareness. However, it’s concerning that much of the industry remains unaware of the new duties these regulations introduce.

A critical point of confusion lies in differentiating the responsibilities of a Principal Designer under the new Building Regulations from those under the CDM Regulations. Surprisingly, we’re dealing with two pieces of legislation that share a title but have different responsibilities.

Why not go back to the original title of ‘CDM Coordinator’ which seemed to make sense to me.

Another area of ambiguity is whether these regulations apply to non-high-risk buildings. To clarify, they apply to all buildings.

These amendments at the same time as the Building Safety Act requirements has led to a misconception that they are limited to high-risk buildings only.

?As with any regulatory framework, interpretations can vary. To allow you to make your own interpretation I’ve extracted some key pieces of the regulations focusing on the competence of a Principal Designer and their additional duties and those of a Designer.

We have our own interpretation at Space Group. Once you have read the regulations you can make your own.

Competence: principal designer?

11G.—(1)?A principal designer must have—??

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,?

(b)where the person is not an individual, the organisational capability,?

to fulfil the duties of a principal designer under these Regulations in relation to the design work included in the project.??

(2)?Where the principal designer (D) is not an individual, D must designate an individual who has the task of managing its functions as the principal designer.??

(3)?Before making the designation under paragraph (2), D must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal designer on behalf of D in such a way?as to ensure D fulfils the duties of the principal designer under these Regulations in relation to the design work included in the project.??

?Additional duties of a principal designer?

11M.—(1)?The principal designer must—??

(a)plan, manage?and monitor the design work during the design phase; and?

(b)coordinate matters relating to the design work comprised in the project so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.?

(2)?The principal designer must take all reasonable steps to ensure that—??

(a)designers, and any other person involved in relation to design work, cooperate with the client, the principal designer, the principal contractor and each other;?

(b)the design work of all designers is coordinated so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements; and?

(c)designers, and any other person involved in relation to design work, comply with the duties under these Regulations.?

(3)?The principal designer must liaise with the principal contractor and share with the principal contractor any information relevant to—??

(a)the planning, management and monitoring of the building work, and?

(b)the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.?

(4)?Where the principal contractor provides comments to the principal designer in relation to compliance with the relevant requirements, the principal designer must have regard to those comments.??

(5)?The principal designer must—??

(a)if requested, assist the client in providing information to other designers and contractors;?

(b)when the principal designer’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).?

(6)?Where a replacement principal designer is appointed, they must review the arrangements the previous principal designer put in place for fulfilling the duties under paragraphs (1) to (3) so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.??

Additional duties of designers?

11K.—(1)?A designer must not start design work unless satisfied that the client is aware of the duties owed by the client for the building work to which the design relates under all relevant requirements.??

(2)?When carrying out design work the designer must take all reasonable steps to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.??

(3)?In providing a design, a designer must take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors to comply with all relevant requirements.??

(4)?Where a designer is carrying out only part of the design of the building work which comprises a project, the designer must consider other design work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal designer.??

(5)?If requested to do so, a designer must provide advice to the principal designer or the client on whether any work, to which a design they are preparing or modifying relates, is higher-risk building work.