CDM and Principal Designer

2 Design and consent

CDM and Principal Designer

Principal Designer appointments under the Construction (Design and Management) Regulations 2015 and Part 2A of the Building Regulations 2010, and advice for clients on their own CDM duties.

Overview

The Construction (Design and Management) Regulations 2015, known as CDM 2015, apply to all construction work, from new build and conversion to alteration, renovation, repair and maintenance. They have been in force since 6 April 2015 and apply to domestic projects as well as commercial ones.

Where a project has, or is likely to have, more than one contractor, the client must appoint a principal designer and a principal contractor in writing. In England, since 1 October 2023, Part 2A of the Building Regulations 2010 has also required the client to appoint a principal designer and principal contractor for building regulations purposes, on the same basis.

We act as Principal Designer under both on the refurbishment, major works, conversions and new homes we design and administer, and advise clients on what CDM asks of them.

Why it matters

The duties start with the client. A commercial client who does not make the appointments must carry out the principal designer’s and principal contractor’s duties itself, and the same applies under the Building Regulations.

Getting the appointments, the pre-construction information and the construction phase plan in place before work starts protects the people on site and those living and working around it. It also leaves a health and safety file that the next person to work on the building can rely on.

Principal Designer under CDM

Health and safety planned, managed and coordinated through the design stage, the pre-construction information passed on, and the health and safety file prepared.

Principal Designer for Building Regulations

The design work planned, managed, monitored and coordinated so that, if built as designed, it would comply with the building regulations.

CDM Advice for Clients

Your client duties explained, the appointments checked, and the notification, plan and file in place at the right time.

What you receive

  • Advice at the outset on whether the project needs a principal designer and principal contractor, and on the client duties that apply to you.
  • Pre-construction information gathered with you and given to every designer and contractor bidding for or appointed to the work.
  • Foreseeable risks identified and eliminated or controlled, so far as is reasonably practicable, with the designers’ work coordinated.
  • The principal contractor given the information needed for the construction phase plan, and the plan reviewed before work starts on site.
  • The F10 notification to HSE prepared for you where the project is notifiable.
  • The health and safety file prepared, kept up to date through the project and handed to you at the end.
  • Where we are Principal Designer for the Building Regulations, the design work coordinated so that, built as designed, it would comply.

Who it is for

Managing agents and residents’ management companies, freeholders and landlords, developers and commercial clients with refurbishment, major works, conversions or new homes planned, across London, the South East and the East of England.

Homeowners are domestic clients under CDM 2015. Their client duties normally pass to the contractor or principal contractor, or to us as principal designer where we agree it in writing.

The regulations

The Construction (Design and Management) Regulations 2015
SI 2015/51, in force in Great Britain from 6 April 2015

The Building Regulations 2010, Part 2A
Dutyholders and competence, in force in England from 1 October 2023 following the Building Safety Act 2022

Appointment: the RICS Principal Designer (CDM 2015) Services, Principal Designer (Building Regulations) Services and CDM Compliance Consultant Services schedules, under the RICS Standard or Short Form of Consultant’s Appointment.

CDM 2015 sets out the duties of clients, designers, principal designers, principal contractors and contractors. HSE’s CDM 2015 guidance and its summary of duties for CDM dutyholders explain them in plain terms.

Part 2A of the Building Regulations adds a parallel set of duties, aimed at making sure design and building work complies with the building regulations. The government’s guidance Design and building work: meeting building requirements explains them for clients, designers and contractors.

“plan, manage and monitor the pre-construction phase and coordinate matters relating to health and safety”

CDM 2015, regulation 11(1), duties of a principal designer

Key terms

Client
Anyone for whom a project is carried out. A client acting in the course of a business carries the full duties in regulation 4, including suitable arrangements for managing the project with enough time and resources.
Domestic client
A client whose project is not in the course or furtherance of a business, usually a homeowner. Under regulation 7 the client duties pass to the contractor, the principal contractor or, by written agreement, the principal designer.
Principal designer (CDM)
The designer in control of the pre-construction phase, appointed in writing under regulation 5 where there is, or is likely to be, more than one contractor. The duties are in regulation 11 and regulation 12.
Principal designer (Building Regulations)
The designer in control of the design work, appointed in writing under regulation 11D of the Building Regulations 2010 on the same basis. Under regulation 11M they plan, manage and monitor the design work, and coordinate it so that, if built, it would comply with the building regulations. The CDM principal designer can hold this role too, if it meets the competence requirements for it and the client confirms the arrangement in writing.
Principal contractor
The contractor appointed under regulation 5 to plan, manage and monitor the construction phase and coordinate health and safety during it, under regulation 13.
Pre-construction information
Information the client holds or can reasonably obtain about the project and its health and safety hazards, including any existing health and safety file. It goes to every designer and contractor appointed or being considered.
Construction phase plan
The health and safety arrangements and site rules for the work, drawn up by the principal contractor, or the contractor where there is only one, before the construction phase begins.
Health and safety file
The information likely to be needed for future work on the building, prepared by the principal designer under regulation 12(5) and handed to the client at the end of the project.
F10 notification
The client’s written notice to HSE under regulation 6, made on HSE’s form F10 as soon as practicable before the construction phase begins. It is needed where the work is scheduled to last longer than 30 working days with more than 20 workers working at the same time at any point, or to exceed 500 person days.

How this maps to your RICS appointment

Principal designer work is appointed under the RICS Principal Designer (CDM 2015) Services and Principal Designer (Building Regulations) Services schedules, and advice to clients under CDM Compliance Consultant Services, each used with the RICS Standard or Short Form of Consultant’s Appointment. The headings below follow those schedules, so the services you see here are the services you tick in your appointment.

Taking instructions

The nature and complexity of the project assessed, your duties as client explained, and the background information gathered.

Pre-construction phase

A template health and safety file started, advice on pre-construction information and surveys, and the designers coordinated so that risks are managed.

Construction phase

Liaison with the principal contractor, help with the construction phase plan, and attendance at the meetings agreed in your appointment.

Project completion

The health and safety file reviewed, compiled and passed to you.

Statutory compliance (Building Regulations)

The design work planned, managed and monitored for compliance, the other designers coordinated, and a handover document within 28 days of the appointment ending.

Advising on client appointments

Advice on the competence of the designers and contractors you appoint, the health and safety obligations to write into their appointments, and the notice to HSE.

Case studies

£372,000

Repairs over a trading high street

External repairs to an occupied mansion block in Westminster, with Avalon as Contract Administrator and Principal Designer under CDM 2015 while the homes stayed lived in and the shops kept trading.

Read the case study

7 valuations

Structural repairs to an occupied house

A period house in London, lived in by its owner throughout, where Avalon acted as Principal Designer under CDM 2015 and recommended the contractor subject to a construction phase plan and method statements before appointment.

Read the case study

On new build, the CDM duties for nine new houses on a backland garage site were carried within the same appointment. Read that story or see all case studies.

Our Principal Designer and CDM appointments are made on the RICS Standard or Short Form of Consultant’s Appointment.

Discuss a CDM or Principal Designer appointment

Tell us about the property, the work planned and who else is appointed, and we will come back to you within two business days.