The construction industry is no stranger to regulatory changes, but the introduction of the Building Safety Act (in 2023-24) marks a significant shift in the responsibilities and expectations placed on builders.
Among the various provisions of the act, one of the most notable changes is the requirement for builders to assume the roles of both Principal Designer and Principal Contractor under specific circumstances. That is as well as why it is so vital that builders are able to take both these roles competently (and why it is the client’s responsibility to make sure they hire someone who is competent too).
Do Builders Now Have To Be Principal Designer?
Building work needs to have a Principal Contractor, and a Principal Designer. The Principal Designer is responsible for the designs and drawings being up to scratch until the handover to the Principal Contractor, who is responsible for the actual build.
The role of Principal Designer is given to the architect or designer of the project in the pre construction phase, until the build is actually ready to commence. Whilst it is possible to have the architect, designer or another individual step in as project manager and maintain this role, for the most part, they stop their involvement at this point and hand over to the Principal Designer to manage the build itself. That’s all well and good.
Once that happens and the builder takes the role of Principal Contractor for the build, if any changes are made to the design or build not reflected in the work of the Principal Designer, the Principal Contractor may well also become the Principal Designer. That is often through discoveries during the build or once the site assessments are taking place, but at whatever point after the build has begun that the designs are deviated from, the Principal Designer has generally changed.
Why Builders Might Be Both Principal Designer & Principal Contractor
Builders are now expected to fulfil both the roles of Principal Designer and Principal Contractor, a shift that reflects the act’s emphasis on streamlining project management and ensuring seamless coordination between design and construction phases.
By assuming these dual responsibilities, builders take responsibility for numerous aspects of the build, including ensuring that all Principal Designer responsibilities are upheld and all relevant documentation is provided to Building Control to get sign off too.
After all, the builder is the professional who is actually bringing the project to life, and whilst the designs should be as accurate and buildable as possible, as per the previous Principal Designer’s role, things change on site all the time. When these changes occur, someone needs to be responsible for making sure they are properly reflected in the finished project, and that’s the general basis for the legislation.
Does This Apply to Small Companies & Sole Traders?
The requirement to act as both Principal Designer and Principal Contractor applies to builders of all sizes, including small companies and sole traders. A build will always require a Principal Contractor, and if any changes to designs or plans, or if any deviations occur, then they become Principal Designer from that point too.
Regardless of size, all builders must adhere to the regulations outlined in the Building Safety Act and take proactive measures to ensure compliance. If they are not competent to take on the role, it will cause a great deal of issues when it comes down to signing off, and both the client and the builder will likely have issues to deal with. It is also the client’s responsibility to make sure any role is filled competently
What Do Builders Need to Be Principal Designer?
To effectively fulfil the role of Principal Designer, builders need to possess a diverse skill set encompassing knowledge of Building Regulations, design principles, and project management methodologies.
In addition to skills and knowledge, builders must also be aware of their legal obligations and responsibilities as Principal Designers. This includes understanding the scope of their duties, ensuring compliance with relevant regulations, and maintaining accurate documentation throughout the design phase of the project. This is paramount to get Building Control approval.
What Happens if a Builder is Not Competent as Principal Designer?
Builders who lack the necessary competence to act as Principal Designers may face serious consequences, including delays, compliance issues, and potential legal liabilities.
It is very sensible for builders to invest in continuous learning and professional development to acquire the requisite knowledge, skills, and experience needed to fulfil these roles effectively, and potentially even hire specialist members to their team to help ensure this is done correctly.
There is nothing to say that a Principal Contractor cannot seek help from a designer when acting as the Principal Designer too, it’s important to add, but regardless, the legal responsibility of the role lies with the Principal Designer if any changes are made whilst building.
How All of This Affects Clients
The implications of the Building Safety Act extend beyond builders to clients involved in construction projects. Clients do have a role in all of this as well, and it is essential to remember that. It is the duty of the client to hire competent professionals or to do so to the best of their ability and take all reasonable steps to do so.
All in all, clients must ensure that suitable arrangements are in place and oversee project management to ensure compliance with regulations. By understanding their responsibilities and working collaboratively with builders, clients can contribute to the successful and safe completion of construction projects.
Summary
The Building Safety Act represents a significant shift in construction regulations, requiring builders to assume dual roles as Principal Designer and Principal Contractor in certain circumstances. This is something we all have to abide by from October 2023 onwards.
Builders must adapt to these new requirements, acquire the necessary skills, and collaborate effectively with clients and other stakeholders to ensure compliance and safety in construction projects.
By embracing these changes and prioritising compliance, builders can navigate the evolving regulatory landscape and contribute to the advancement of safety and quality standards in the construction industry.