Why your project needs a Principal Designer (BSA) after October 1st, 2023
The Building Safety Act (BSA), which came into effect on October 1st, 2023, is a big step forward for our industry. It’s making all buildings, especially high-risk ones, safer through new a system of checks and responsibilities. But it doesn’t come without its challenges. For developers and building owners in particular, the Act intensifies scrutiny, demands navigation through a revamped regulatory landscape and introduces new liability risks. Good news, though: the BSA brings in new roles to make things easier. One key role is the Principal Designer (BSA).
We break down everything you need to know about this role and how it can help you face these new challenges head-on.
What is a Principal Designer (BSA)?
If you’re already familiar with the Principal Designer role under the Construction (Design and Management) Regulations (CDM), it’s time to get acquainted with its evolution under the Building S3afety Act.
Traditionally, the Principal Designer (CDM) manages health and safety risks during construction projects, requiring an in-depth understanding of construction processes and relevant health and safety issues. They must also be capable designers themselves.
With the introduction of the BSA, the role of the Principal Designer has expanded. Now, it’s a required role for any project subject to Building Regulations. This expansion comes with two possible approaches:
- One Principal Designer for both roles: a single Principal Designer can theoretically handle both health and safety (from the CDM regulations) and compliance with Building Regulations (under the BSA). This works if the Principal Designer is qualified and skilled enough to manage both areas.
- Two separate Principal Designers: in some bigger or more complex projects (or for other commercial reasons), there might be two Principal Designers. One will focus on health and safety (CDM), and the other will make sure the project meets Building Regulations (BSA).
So, while the role now includes more responsibilities, it doesn’t always mean you need two separate Principal Designers. It depends on the project and the Principal Designer’s expertise.
Let’s look at how the role’s responsibilities have evolved.
What are a Principal Designer’s responsibilities under the BSA?
The Principal Designer role under the Building Safety Act (BSA) is centred on making sure that designs comply with Building Regulations from the get-go.
Here are some key responsibilities a Principal Designer (BSA) is expected to handle:
- Assisting the client: provide aid in delivering project information to designers and in assessing the competence of all other Dutyholders, including designers and the Principal Contractor.
- Compliance declarations: help the client in completing Dutyholder Notification and Compliance Declarations.
- Design phase management: plan, manage and monitor the design work during the design phase to make sure that the final design complies with Building Regulations.
- Team coordination: encourage cooperation, communication and coordination among the design team, the client, the Principal Contractor and other designers.
- Design alignment: guarantee that designs are aligned to meet Building Regulations upon construction if built to those designs.
- Duty fulfilment: make sure all designers fulfil their duties under the BSA.
- Collaboration with Principal Contractor: liaise with the Principal Contractor, sharing relevant information and considering their input on compliance with Building Regulations.
- Design coordination: coordinate design-related matters to ensure compliance with Building Regulations.
- Review of previous arrangements: assess the arrangements made by any previous Principal Designer.
For Higher-Risk Buildings (HRBs), there are additional responsibilities:
- Building regulations submission: collate and manage Building Regulations Submission to the Building Safety Regulator under strict procedural arrangements.
Organisations skilled in design management are well-equipped to take on the Principal Designer role for both CDM and BSA. They bring the necessary expertise to navigate both areas. But remember that when a firm handles both roles, strict adherence to all legal requirements for these positions is vital. So, your project is not only well-managed but also fully compliant with industry standards.
Why must you have a Principal Designer (BSA)?
Under the BSA, clients have a duty to appoint a competent Principal Designer (as well as a Principal Contractor). This isn’t just a formality. It’s a vital step in making sure your project stays on track and complies with all necessary regulations.
If you don’t appoint a competent Principal Designer, you, as the client, automatically take on that role (unless you’re a domestic client). That puts you in the driver’s seat to ensure designs are up to Building Regulations. If it’s not done just right, the consequences could be severe, including criminal charges and unlimited fines. Bringing a Principal Designer on board keeps those worries at bay.
Which projects require a Principal Designer (BSA)?
Going forward, all projects subject to Building Regulations need a Principal Designer (BSA). For legacy projects, here are the key points to consider:
- Projects registered before October 1st, 2023: if your project was registered with a local authority for building regulations before this date and begins significant on-site work before April 6th, 2024, it falls under the old rules. In this case, a Principal Designer under the BSA is not usually required.
- Projects registered after October 1st, 2023: Any project registered after this date or starting on-site after April 6th, 2024, must appoint a Principal Designer as per BSA guidelines.
Ideally, you should appoint a Principal Designer (BSA) when the design work commences. But it’s mandatory to have one in place before the project goes on-site. For Higher-Risk Buildings, this appointment is required at the time of making the Building Regulations submission.
What makes a Principal Designer (BSA) competent?
Being on an accredited register isn’t mandatory for a Principal Designer (BSA). But, as a client, you need to be able to prove you’ve appointed a competent professional.
The Royal Institute of British Architects (RIBA) has stepped up by introducing a Principal Designer (combined BSA & CDM) register and a dedicated course. Opting for a Principal Designer with this qualification simplifies the process of establishing their competency.
Secure a Principal Designer (BSA) for your project
While the Building Safety Act is a step in the right direction, we get that it’s adding a bit more to your plate, like finding a Principal Designer you can count on.
MDLR Architects are all about making things easier for you. We can provide you with a Principal Designer service under the BSA, and yes, under the CDM as well. As experts in design management and coordination, architects are a great match for the Principal Designer role, provided they demonstrate the right competencies.
Keen to know more? Read our next article where we’ll unpack how this service can make your project journey smoother.