This article explains who is responsible to sign off the duty holder document that building control requires to issue the building certificate. Explaining how the principal designer role changes and should be handled by the architect, client, builder and or main contractor. It also highlights risks to the client and potential for unlawful works if signed off incorrectly leaving the homeowner at severe risk.
Duty Holder and Principal Designer Explained
Building control revised their service and introduced the duty holder rules with include part 2A (duty holder competence). The Part 2A change came about in 2023 as an addition to the existing building safety act 2022. This seems to detach building control authorities from some key responsibilities in assuring the building works meet the building regulations. In short, the principal designer would have more responsibilities at both the design (planning documents and building control full plan drawings) and the build phase. If the architect is not involved past the design phase the client would take on the responsibilities and must formally appoint a new principal designer which should be the builder aka main contractor.
What We Are Seeing in the Real World
Despite handing over the project, we receive several letters/emails from our clients and builders issued by building control at the end of the project asking us (CK Architectural) to sign off the work as the principal designer. Even with clear written instructions it is often over looked before the project starts on site.
A lot of builders ‘crack on’ with the work as normal assuming building control will sign their off via the inspections or work with them on design changes. But this is no longer the case, the builder if acting as principal designer must record and check all elements of the project comply with the latest building regulations. The fact we are being asked to sign this document highlights the lack of understanding, creating huge risks both our clients and their appointed builders are facing.
CK Architectural issues a full pre start guide which illustrates the steps to be taken for this, but with all the other information the client often misses or assumes the builder will sort it out. Smaller more hands-on general builders are not always fully up to speed with technical changes. Asking the architect to sign this document highlights the principal designer was not appointed and the builder is potentially not fully competent. Most building work requires on site design changes due to unknown variations, better products and last-minute changes. If does not comply or can be proven to comply and the builder signs the work off as principal designer, by default some elements of the work are not protected by the building certificate.
Further Duty Holder Information?
The principal designer is generally your architect or architectural designer and in some cases they would assume all responsibilities associated with the role from design through to completion. This would be correct for larger/higher value projects where the architect takes on the contract administration or project management. They would easily add to their previous duties the necessary records for on site design and materials changes ensuing compliance with building regulations.
The new rules are a well intentioned and very much needed addition to the legislation, placing those responsible for on site design taking ownership. But like many government incentives the application of this has not quite hit the mark and failing to inform and educate those at the highest risk.
Principal Designer Clarification
The JCT (joist contracts tribunal) contact which is the most used and recognised build contract, by default appoints the builder as both principal contractor and principal designer. See article 7 on the JCT contract.
Conclusion
It has never been more important for homeowners, builders and developers to understand their responsibilities. Your home or building project will not be signed off legally and your insurance void if a competent person has not carried the work in accordance with the principal designer role.
CK Architectural can provide this service in our step 05 project coordination and project management services.
This post does not cover the CDM 2015 Principal Designer rules which is a whole new head ache, apologies on behalf of the genius who couldn’t think of a new name…
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