The term ‘principal designer’ (PD) is well-known in the construction industry, having been introduced under the Construction (Design and Management) Regulations 2015 (CDM). However, following the Building Safety Act (BSA) coming into force, the same term is used to define different responsibilities under the new regime. Because of this, confusion has arisen regarding the responsibilities associated with this crucial role. Below, we delve into the details of the two arrangements, what is expected of the PD, and who should step into the role.
Who is a PD under the BSA vs under the CDM?
According to the BSA, the PD’s duties are not just about individual responsibilities but also about fostering a collaborative environment. The PD ‘must plan, manage, monitor and coordinate matters related to the design work’, to ensure that all other designers comply with their duties and that the design complies with building regulations; most importantly, the PD must collaborate with the principal contractor on planning and monitoring the design and building work. This emphasis on collaboration underscores the importance of teamwork in the construction process.
For a PD under the CDM regime, the responsibility is not just about controlling the pre-construction phase but also about ensuring the safety of the entire project. The PD is entrusted with the critical task of ensuring that projects are designed to pose no health and safety risk to those who build, use, and maintain them. This underscores the gravity of their role and the significant impact they have on the safety of the project.
The difference between PDs under the two systems ultimately comes down to the distinct objectives of the regimes: the BSA focuses more on building regulations compliance, coordination, and collaboration, while the CDM focuses more on health and safety. Understanding this subtle difference is crucial for a comprehensive grasp of the roles.
Is an Architect Fit to Take on This Role?
With each regime having its own expectations of the PD, the possibility of having two PDs on a single project is now a reality. On the other hand, it is crucial to remember that should an individual be entrusted with the responsibilities of a PD under both the CDM regime and the BSA, they must demonstrate their competence before starting work. This is not just a formality; it is a crucial step to ensure the quality and safety of the project.
It is worth noting that the expanding definitions of the PD’s role present a unique opportunity for architects to broaden their professional horizons. Architects can take on these evolving duties by honing their understanding and existing skills, thereby promoting professional and personal growth.
Professional bodies such as the Royal Institute of British Architects suggest that architects should ‘make the BRPD [Building Regulations PD] role their own along with the CDMPD role, to further enhance and promote the protection of specialism and function’.
It’s a question that demands reflection: ‘Are architects ready and willing to take on this role?’
What Could It Mean if the Principal Contractor (PC) Steps In?
Under both sets of regulations, a project’s main contractor is allowed by regulations to take on both the PD and the PC duties, provided they possess the competence to do so. If the PC assumes the role of PD, it will inevitably result in their involvement before Gateway 2, a crucial stage in the project. According to the Final Report of Building a Safer Future, the concerned duty holder is required to ‘satisfy the JCA [Joint Competent Authority] (who will conduct a review of the safety features of the proposed design) that their Full Plans show that the key building safety risks are understood and will be managed’. Consequently, this will prompt the contractor to acquire a solid knowledge of a designer’s role, which could prove a significant diversion for them.
How Can Contractors Get Competitive Tenders?
Contractors must ensure that they have the most ‘advantageous’ tender. This means that their tender must meet the award and assessment criteria, a key focus that outlines their technical and financial capacity to perform the contract. Apart from focusing on costs, to be successful it is essential to consider value and a balanced scorecard that describes the supply chain, health and safety, outcome benefits, and the position on environmental sustainability.
Government Views
Following the Grenfell Tower tragedy, the government has been dedicated to creating more robust regimes focused on ‘higher-risk building work’. There has been great emphasis on building a robust accountability system across all stakeholders. To underline the importance of compliance, the government has stated that ‘the individuals and organisations procuring and undertaking the work to comply with the health and safety requirements of CDM are the same as those who should be considering compliance with building regulations[;] we will take a similar approach to CDM (as taken with building regulations), with the focus being to ensure compliance with building regulations’.
Lastly, it is essential for the integrity and safety of the project that the client appoints a PD after carefully considering their skills, knowledge, and experience. The government does not expect that different individuals will carry out the role of PD under the two regimes; however, ‘there may be situations where, for reasons of competence, they will be different and, in these instances, they will have to work together and cooperate with each other to ensure compliance with both regulatory regimes’.
The individual in consideration for the role should unflinchingly disclose their competency and not accept the offer if they are not equipped to carry out the responsibilities of a PD. The client automatically assumes the role if they choose not to appoint a PD.
Read more:
- A Closer Look at the Building Safety Act’s Gateway 2
- The Building Safety Act’s Gateway 1 and What It Means for the UK Construction Industry
- Navigating Gateway 3 of the Building Safety Act
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