The final report of the Grenfell Inquiry confirmed what we have known for some time. Serious reform is needed to ensure a disaster like the Grenfell Tower fire can never happen again. That’s why there was all party support for the Building Safety Act 2022, which is now in force. For good reasons, the Act 2022 places significant duties on those responsible for looking after higher-risk buildings (those over 18m and seven storeys). Indeed, those duties might be considered burdensome. That’s why the Act explicitly states that designated duty holders can bring in specialist support to help them manage their safety responsibilities during construction or major works. This has effectively created a new service line for surveyors like Earl Kendrick. And one we are very happy to offer, as it contributes directly to the safety of the thousands of residents of high-rise buildings.
The role of Principal Designer (CDM) was previously defined by the 2010 Building Regulations. But the Building Safety Act has created a new Building Safety Regulator Principal Designer role, with new responsibilities and requiring more specific competencies. The key purpose of this role is to oversee and coordinate health and safety provisions during the design phase of any given works and to ensure a framework is in place to ensure high standards of health and safety for as long as the building is in use.
While the professional playing this new role can also be an architect or engineer rather than a surveyor – and is likely to be a firm in the case of larger projects – what’s important is that they have a demonstrable grasp of the various frameworks for compliance. These include technical as well as legislative and regulatory frameworks. The principal designer must also be able to manage design work compliance as an active part of the design team.
Of course, it remains the duty holder’s responsibility to ensure they appoint a principal designer with the right competencies, skills, knowledge, experience and behaviours; these are set out in detail in 11G of the Building Safety Act’s secondary legislation. The principal designer must also have professional indemnity (PI) cover.
Day to day, the role involves overseeing the whole project to ensure everyone involved is competent, particularly with regard to health and safety. And ensuring the project is fully compliant with the Building Regulations and all other regulatory requirements. That means planning, managing and monitoring all design work and coordinating with everyone involved to make sure every aspect of it is compliant. The principal designer will also share information with the Building Safety Regulator. And, if asked to by the duty holder, they will also take responsibility for providing relevant information to other designers and contractors involved in the project.
A key part of the role is liaising with the principal contractor to exchange information concerning the planning, management and monitoring of the actual building work. They will also be involved in coordinating building and design work alike so both are fully compliant with all relevant requirements at every stage. In addition, that means reviewing all comments from the principal contractor from a health and safety perspective. Finally, no later than 28 days after their involvement ends, the principal contractor must deliver a report detailing how they have fulfilled their duties, including to the long term health and safety of the building.
The big picture is that the principal designer acts on the duty holder’s behalf to ensure health and safety are given the priority required by law. While this involves detailed involvement in design and building work, it also requires a more intangible oversight. The principal designer is there to ask intelligent questions and identify the need to bring in third party expert help where necessary. Whether they are a surveyor, architect or engineer, they should have something of a sixth sense for health and safety. (You won’t find that term in the secondary legislation, but it’s more or less implied!)
At Earl Kendrick, we have the necessary skills in-house, and have also acquired PI cover specifically for this purpose. And while we have recently recruited a traditional principal designer (CDM) to support us with this service, it is important not to get the two roles confused: the principal designer (Building Safety) is the lynchpin of compliance with the Building Safety Act. And we are delighted to have been appointed to perform this role for duty holders.
Chris Stansell, Managing Director, Earl Kendrick London
