Principal designer vs. principal contractor: Roles and responsibilities under the BSA

Principal designer vs. principal contractor: Roles and responsibilities under the BSA

The Building Safety Act 2022 introduced new legislation to improve safety standards in construction projects. In doing so, it amended the roles of principal contractors and principal designers for the purposes of building regulations. As a result of the reforms, from 1 October 2023, all construction projects apart from a few limited exceptions must appoint two ‘principal duty holders’ - a ‘principal designer’ and a ‘principal contractor’.

In this article, we discuss the changes and provide an overview of the roles of principal contracts and designers, their main duties and when they need to be appointed.  

The changing roles of principal contractors and designers

The titles ‘principal contractor’ and ‘principal designer’ are nothing new to those involved in construction projects. They feature heavily in the Construction (Design and Management) Regulations 2015 (CDM Regulations). However, while the titles remain the same in the Building Safety Act 2022, changes to their roles and responsibilities bring new obligations for their clients. 

What is a principal designer?

A principal designer is the organisation or individual responsible for the pre-construction phase of a construction project. They plan, manage and monitor the earliest stages of the project, from concept design to planning the construction work. The principal designer can be an architect, surveyor or engineer and must be appointed by the client in writing.

But principal designer is not just a job title. It is also a legal role introduced by the Construction (Design and Management) Regulations 2015 and later amended by the Building Safety Act 2022. Under the BSA, the principal designer must take all reasonable steps to ensure the design of the building work complies with the regulatory requirements. 

What are the main duties of a principal designer?

• Planning and monitoring the design phase of the project
• Identifying, managing and controlling health and safety risks
• Taking all reasonable steps to ensure that the design complies with the requirements of the relevant building regulations
• Communicating and collaborating to share information and coordinate work with other parties
• Liaising with the principal contractor and sharing any information relating to the maintenance of the ‘golden thread’ (a digital recording of the building’s information) for higher-risk buildings
• Giving the client a document no later than 28 days after their appointment ends explaining all the arrangements they have put in place to fulfil their duties

What is a principal contractor?

A principal contractor is responsible for planning and managing the construction phase of the project and coordinating with other contractors to ensure the work is carried out safely. A construction company or individual contractor can be the principal contractor, although an organisation must nominate a designated individual to manage its functions.  

As with the principal designer, a principal contractor is not just a job title. It is a role that comes with certain legal responsibilities. According to the terms of the BSA, the principal contractor is responsible for ensuring all works comply with the Building Regulations. The principal designer has a lesser reasonable steps obligation. 

What are the main duties of a principal contractor?

• Planning, managing and monitoring the entire construction phase
• Ensuring the health and safety of all workers and members of the public affected by the project
• Providing information to other parties as requested by the client
• Coordinating with the principal designer to ensure all design and building work complies with the relevant building regulations
• Where the project involves a higher-risk building, establishing and maintaining a reporting system for safety incidents, collating the golden thread information through the construction phase and providing a compliance declaration to the Building Safety Regulator 

When must a client appoint a principal contractor and designer?

According to the Building Safety Act 2022, a client must appoint a principal contractor and designer where there is more than one contractor, subcontractor or consultant working on the project. The principal designer has ultimate control over the design work, while the principal contractor will oversee the building work. If the project only has one designer and contractor, they will automatically become the responsible parties.

The client must appoint the principal designer, in writing, usually at the very start of the project, and the principal contractor must be appointed before the construction phase begins. In the case of higher-risk buildings - those at least seven storeys high or 18 metres tall - the client must appoint a principal designer and contractor before applying for building control approval from the regulator.      

One of the new obligations for clients brought by the revised regulations is to ensure their principal designer and contractor are sufficiently competent. Clients can do that by verifying their skills and knowledge, checking their experience and looking for membership of relevant professional bodies. If a client does not appoint an organisation or individual to the role of principal contractor or designer, the duties become the responsibility of the client itself.  

Can the same individual be the principal contractor and designer?

According to the latest regulations, there are circumstances where the same individual or organisation can perform the role of the principal contractor and designer. This is only possible if they have the competencies and experience to cover both roles.

In reality, however, it’s rare to find a party that has the skill sets to do so or is willing to take on both jobs. If you do, as the client, you must investigate the competency of the party and explain in writing why you think they can handle the dual responsibilities.     

Need advice?

At Eddisons, our architectural design team has been appointed as the principal designers for projects across the UK. Find out more about our architectural design services and get in touch to discuss your requirements or ask any questions.