CDM2015-BSA22 | BGA Architects

CDM 2015 & BUILDING SAFETY ACT 2022

Prior to undertaking any services in connection with the project we would like to take this opportunity to advise you of duties that you have as our client under the Construction (Design and Management) Regulations 2015 and The Building Regulations 2010 (‘Building Regulations’) as amended by The Building Regulations etc. (Amendment) (England) Regulations 2023.

Under CDM, the primary duty of the Principal Designer is to plan, manage and monitor the pre-construction phase of a project and to co-ordinate matters relating to health and safety. This is to ensure, so far as is reasonably practicable, that construction projects are designed and managed without risks to the health or safety of those who build, use and maintain them.

Principal Designer is required under CDM 2015 for all domestic and commercial projects where there is more than one contractor (including any sub-contractors), or if it is reasonably foreseeable that more than one contractor will be working on a project at any time.

The Principal Designer duty under the Building Regulations must take ‘all reasonable steps’ to ensure the design work on a project is co-ordinated to demonstrate compliance with the Building Regulations.

BGA Architects will act as the Principal Designer for each stage of the project for which they have been employed, (planning, building regulations, tender, construction) where BGA Architects are employed to act as the contract administrator for the project an additional fee as set out within this proposal will become payable.

These regulations create statutory duties for clients, designers and contractors in connection with the design and construction of buildings to ensure that buildings are safe to build, occupy, maintain and demolish and to ensure that they comply with the relevant requirements of the Building Regulations (‘relevant requirements’).

Our designer duties under the regulations prohibit us from starting design work unless we are satisfied that you are aware of your duties under the regulations. As such please see below table which provides a summary of your duties for a domestic or commercial client.

A DOMESTIC CLIENT DUTY UNDER THE REGULATIONS

• provide building information and pre-construction information as soon as is practicable to every designer and contractor appointed, or being considered for appointment, on the Project

• cooperate with any other person working on or in relation to the Project to the extent necessary to enable any person with a duty or function under the regulations to fulfil that duty or function.

There are further client duties under the regulations that will be undertaken by others on your behalf because you are a domestic client. These duties include making suitable arrangements for planning,

managing, and monitoring the project, including allocating sufficient time and other resources, that must be maintained and reviewed throughout the Project, so as to ensure:

• design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements

• building work is carried out in accordance with all relevant requirements

• designers and contractors working on the Project cooperate with each other to ensure compliance with all relevant requirements

• design and building work is periodically reviewed to identify whether it is higher-risk building work

• building work can be carried out, so far as reasonably practicable, without risks to the health and safety of any person affected by the Project

• facilities required by Schedule 2 of the CDM Regulations are provided in respect of any person carrying out construction work.

A COMMERCIAL CLIENT DUTY UNDER THE REGULATIONS

The CDM Regulations and Part 2A (Dutyholders and competence) of the Building Regulations state that as a client you must make suitable arrangements for planning, managing and monitoring the Project, including allocating sufficient time and other resources so at to ensure:

• design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements

• building work is carried out in accordance with all relevant requirements

•designers and contractors working on the Project cooperate with each other to ensure compliance with all relevant requirements

• design and building work is periodically reviewed to identify whether it is higher-risk building work

•building work can be carried out, so far as reasonably practicable, without risks to the health and safety of any person affected by the Project

•facilities required by Schedule 2 of the CDM Regulations are provided in respect of any person carrying out construction work.

Relevant requirements mean the requirements of the Building Regulations to the extent these are relevant to the building work or design work of the Project.

You must ensure that the arrangements for planning, managing and monitoring the Project are maintained and reviewed throughout the Project.

You also have duties under the CDM Regulations and Building Regulations to:

• provide building information and pre-construction information as soon as is practicable to every designer and contractor appointed, or being considered for appointment, on the Project, including making suitable arrangements to ensure information is provided to designers and contractors working on a project which includes any higher-risk building work, or where work becomes higher-risk building work, to make them aware that the project include higher-risk building work and the nature of the higher-risk building work

A domestic client is anyone who has construction work carried out for them that is not done in connection with a business - usually work done on their own home or the home of a family member. A client who has construction work carried out for them that is done in connection with a business is a commercial client.

If there will only be one contractor on the Project these client duties must be undertaken by that contractor. If there is more than one contractor, these client duties must be undertaken by the principal contractor.

For more information please see the HSE Guide for Clients - CDM 2015.

Where BGA Architects involvement with the project ceases, BGA Architects will no longer act as the Principal Designer, and the client/Principal Contractor must make suitable arrangements for managing all duties under CDM 2015 and the Building Safety Act 2022.