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The role does increase architects’ potential liability, and this should be refl ected in fees
to demonstrate that a process has been followed to reasonably ensure that the overall design is compliant.
The upside of having to sign a declaration before a fi nal Regs certifi cate will be issued is that this should give architects more say over design decisions during construction, and the power to resist changes that impact on compliance.
Regulations. There are also duties in regards to co-ordination and communication with the client and Principal Contractor. The legislation mandates that Principal Designers be appointed at the application stage for Building Regulations approval at the very latest, although appointing one at the earliest opportunity is highly advisable to ensure compliance and it would be wise to advise clients to appoint a Principal Designer at the outset of any project. The regulations state that the role should be carried out by the designer in control of the design phase of the project. HSE guidance also says that the Principal Designer should not be a third party with no control over the design. The role is therefore naturally suited for architects alongside their role as lead designers. The role, defi ned in Government legislation published in August 2023, requires all architects to review both the legislation and the accompanying guidance to fully understand their responsibilities. The HSE has named the role in line with the existing CDM Principal Designer, suggesting that it should ideally be carried out by the same person or company. The ACA believes this approach makes sense and encourages architects to consider taking on both roles where appropriate.
Competency test
The role includes a competency test that limits it to suitably qualifi ed people or businesses, meaning that generally only regulated professionals such as architects, engineers or surveyors can take it on. This sets a high competency standard
ADF JANUARY 2025
that could create challenges in several areas. For example, Design & Build contractors will either need to employ suitably qualifi ed staff, or fi nd alternative ways to comply. It is also unclear how things will work in practice in the domestic market, where builders have traditionally worked without involving an architect or other professionals. For extensions and loft conversions, the situation is even less clear. Builders must now either appoint a qualifi ed Principal Designer or take on the role themselves, but many of these companies may not meet the necessary qualifi cations.
Why should architects take up the Principal Designer role?
The overall intent of the new regulations is to improve the quality of construction and to do this by making key stakeholders in the process more accountable. This should be welcomed by the profession and in the ACA’s view, the role of Principal Designer presents an opportunity for architects to earn additional fees and regain more control over construction projects. Many architects will already be performing many of these functions in the course of their existing roles as architect and lead designer and therefore the new role is a natural fi t. However, the added requirements of the role will potentially need new systems and processes to demonstrate compliance. Principal Designers will also be required to sign a Principal Designer’s Declaration of Compliance before a Registered Building Control Approver can issue their fi nal documentation, so it is essential to be able
The role does increase architects’ potential liability – and this increased risk should be refl ected in their commensurate fee agreements. Architects should therefore be careful to make sure it’s clear who is Principal Designer on a project, and if it is them that they are properly appointed directly by the client.
In the event that an architect only provides partial services or stops work part way through a project, it is essential to make sure that your appointment is correctly terminated. Architects should be particularly wary of accidentally assuming the role as HSE advice states that “If a domestic client does not appoint either a Principal Designer or Principal Contractor, then the designer in control of the design phase of the project is the Principal Designer.”
The Principal Designer Register The ACA is encouraging members to take on the new role where appropriate and indeed in most instances there may be little choice since the role can only be performed by someone who is a “designer in control of the design phase” of the project – which in many cases will be the architect. In order to support architects in promoting their ability to act as Principal Designer, the ACA has launched a Principal Designer Register (
www.principaldesigner.uk), where ACA members can register as a BR PD. The register allows architects to showcase their skills to their existing clients and advertise to new ones – and helps reinforce the message that architects should be the Principal Designer.
Patrick Inglis is president of the Association of Consultant Architects
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