Patrick Inglis, president of ACA, describes the new safety information regime post-Building Safety Act, and why architects are best placed to take on the Principal Designer role, while being mindful of the risks.

The Phase 2 report on the Grenfell tragedy was finally published in September 2024, more than seven years after the disaster. While the report brought the enquiry to a close, the fall out from the severe systematic failings revealed by the investigation will continue to impact the construction industry for many years to come.

In particular, the enactment of the Building Safety Act is having a major effect on construction. The Act is intended to force significant changes in the way that buildings are designed, constructed and maintained, and clarify who takes responsibility for them being safe to build and use. The idea is centred on a “golden thread” throughout the lifetime of a building so that information on compliance is compiled, stored, and passed on.

One of the most significant changes for architects is the new Principal Designer role, which is intended to ensure that the designs for buildings comply with the Building Regulations. A new regime for higher risk buildings (HRBs) also came into effect. The legislation also creates additional roles for Principal Contractors and clients, and imposes new duties on designers in general. Almost all construction projects involving an architect will now require a ‘Building Regulations Principal Designer’ or ‘BR PD’.

This role provides a unique opportunity for architects to take more control over the design of projects and to charge additional fees. However, it also will increase risk, and potentially have far reaching consequences for procurement routes like Design & Build.

The Principal Designer role

Under the new regulations, the client for any construction project requiring Building Regulations approval must appoint a BR PD. The duties of the Principal Designer are to plan, manage and oversee design work during the design stage and to co-ordinate design work to ensure that the designs, if built, would comply with the Building 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, defined 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 qualified 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 that could create challenges in several areas. For example, Design & Build contractors will either need to employ suitably qualified staff, or find 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 qualified Principal Designer or take on the role themselves, but many of these companies may not meet the necessary qualifications.

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 fit. 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 final documentation, so it is essential to be able 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 final Regs certificate 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.

The role does increase architects’ potential liability – and this increased risk should be reflected 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