For designers
CDM responsibilities for architects on domestic projects
Short answer
On a domestic project a design practice carries two separate things. First, its own designer duties under regulation 9, which apply on every project and cannot be transferred. Second, and only where the client has appointed nobody, the principal designer role itself, which regulation 7(2) gives to the designer in control of the pre-construction phase. The practical consequence is that domestic work carries more CDM exposure for a practice than commercial work, not less.
Why domestic work is the higher exposure
It runs against the intuition, so it is worth stating plainly. On a commercial project, if the client appoints nobody, regulation 5(3) leaves the principal designer duties with the client. The designer is not dragged in. On a domestic project regulation 7(3) switches that off and regulation 7(2) puts the role on the designer in control of the pre-construction phase instead.
So the projects most likely to have no appointment, small domestic jobs where nobody has a professional team telling them to make one, are also the projects where the unappointed role lands on the design practice.
The checklist for a domestic project
- Establish whether the client knows their duties
Regulation 9(1) makes this a precondition of starting design work, and it is also the moment to raise the appointment.
- Establish whether more than one contractor is foreseeable
Almost always yes on a domestic job. That is what triggers the regulation 5 appointments.
- Get the appointment made, in writing
Either you, priced and resourced, or a specialist appointed by the client. Written, before the construction phase begins.
- Do your regulation 9 work and record it
Design out what you can, and write down the risks that remain and why they remain. A short design risk register beside the drawings is usually enough.
- Hand the residual risk information over
To the principal designer if it is not you, for the pre-construction information and the health and safety file.
- Keep going after planning
Regulation 9 applies to modifying designs too. Changes during construction are design work.
What to tell a domestic client, in one paragraph
Your project will involve more than one contractor, so the Construction (Design and Management) Regulations 2015 require you to appoint a principal designer and a principal contractor in writing before work starts. Our fee does not include the principal designer role. If no appointment is made, the regulations place the role on the designer in control of the pre-construction phase, which would be us, without the resources or fee to carry it. We would rather it went to a specialist, and we can get you a fixed price for that in a couple of minutes.
A model paragraph. Adapt it to your own terms; it is not legal advice.Where practices most often come unstuck
- Assuming the exclusion is the end of it. It records the agreement. It does not allocate the role. Why.
- Assuming the builder covers it. The builder becomes the principal contractor, not the principal designer. Nobody is doing the pre-construction half.
- Confusing it with the Building Regulations role. Two separate appointments under two separate sets of regulations. The difference.
- Stopping at planning. The pre-construction phase runs up to and beyond the start on site while design work continues.
Sources
- CDM 2015, regulation 5: appointment of the principal designer and the principal contractor legislation.gov.uk
- CDM 2015, regulation 7: application to domestic clients legislation.gov.uk
- CDM 2015, regulation 9: duties of designers legislation.gov.uk
- HSE: designers, roles and responsibilities hse.gov.uk
- HSE: domestic clients, roles and responsibilities hse.gov.uk
Hand us the CDM principal designer role
You keep the design appointment. Build your client's quote in about two minutes and send them the link to check and send on, so the appointment is theirs and the admin is not yours.
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