The Construction (Design and Management) Regulations 2015 — CDM 2015 — place legal duties on everyone involved in a construction project. For SME clients in particular, one of the most important and most frequently misunderstood of these duties is the appointment of the Principal Designer. Getting this appointment wrong — or failing to make it at all — can leave the client in breach of their statutory obligations and personally liable for the consequences.

Many SME developers and construction clients either misunderstand their obligations under CDM 2015 or leave the Principal Designer appointment until far too late in the design process. Getting this wrong creates legal risk for the client and can create health and safety problems that are difficult and costly to address later. This guide explains what you need to know as a client, when to make the appointment and what to look for when selecting a Principal Designer.

What CDM 2015 Requires

CDM 2015 requires that on any notifiable project — broadly, one that will last more than 30 working days with more than 20 workers simultaneously, or more than 500 person-days — the client must appoint a Principal Designer in writing before the pre-construction phase begins. The Principal Designer’s primary duty is to plan, manage, monitor and coordinate health and safety during the pre-construction phase, with the aim of reducing foreseeable risks to workers during construction and future maintenance.

What the Principal Designer Does

The Principal Designer must be a designer — that is, someone who prepares or modifies design, drawings or specifications. In practice, this is usually the lead designer on the project: typically the architect, structural engineer or a specialist design manager. The Principal Designer does not need to be a health and safety specialist, but they must have the skills, knowledge and experience necessary to understand the health and safety implications of the design decisions being made. On small domestic projects, the architect often takes on this role. On larger commercial or infrastructure projects, a specialist CDM coordinator or project manager may be more appropriate.

Who Can Be Appointed Principal Designer?

The appointment must be made before detailed design work begins — not once the project is on site. CDM 2015 is clear that the Principal Designer’s role is to coordinate health and safety during the pre-construction phase, which means they need to be involved from the earliest stages of design. Appointing a Principal Designer after planning permission has been granted and a contractor is mobilising is too late to fulfil the spirit and requirements of the Regulations.

Who Makes the Appointment — and When?

The appointment should be in writing and should set out the scope of the Principal Designer’s role, the programme, the fee and the information they will be provided with. Importantly, it should reference CDM 2015 explicitly and clarify that the Principal Designer has been appointed to fulfil the statutory duties under the Regulations. A simple letter of appointment is sufficient for many projects; larger schemes may warrant a more formal professional services contract.

What the Appointment Should Include

Common mistakes include appointing the Principal Designer late — often after design work has already started — appointing a consultant who lacks the skills or capacity to fulfil the role properly, and confusing the Principal Designer role with the Principal Contractor. Some clients appoint their architect as Principal Designer without checking whether the architect has the relevant health and safety competence for the specific project type. On larger or more complex projects, consider appointing a specialist health and safety consultant with the relevant construction experience.

Common Client Mistakes

JC Virtual PMs has experience supporting SME developers and smaller contractors with CDM compliance, including advice on Principal Designer appointments, reviewing pre-construction information and preparing health and safety files. If you are unsure about your CDM obligations, contact us to discuss how we can help.

How JC Virtual PMs Can Help