RIBA Principal Designer Practice Note published

[edit] The RIBA publishes key descriptions, best practice and FAQs, with supporting resources

The Principal Designer Practice Note, published by the RIBA sets out the institute’s position on the roles under the two regulatory regimes of the CDM Regulations (Great Britain) and the Building Regulations (England) to offer best practice guidance for its members who might be intending to accept an appointment as principal designer under either regime.

This Practice Note does not replicate the detail of either the CDM Regulations' legislative requirements or the Building Regulations' legislative requirements, but addresses practice guidance regarding specific scenarios where RIBA recommend a ‘best practice’ route to meet the requirements of the legislation.

It provides useful insights into the origins iof the term n 1995, when statutory duties for a designer with control over the design team were enshrined in law, to its continual changes and adaptations through the CDM regulations and through the Building Safety Act and related legislation and regulation.

It goes on to describe best practice approaches to competence, a description of roles and responsibilities and the use of contracts, in detail, highlighting cases where individuals are replacing a previous designer or where they act in an advisory consultant role. It also importantly gives a detail description of the role and how it might be impacted by a Design & Build contract where the design team is novated to the principal contractor:

"It is a legal requirement that the client appoints the principal designer, therefore under a Design & Build contract where the design team are novated to the principal contractor, RIBA advocate the main contractor as both principal designer and principal contractor; appointed directly by the client. This is the simplest and most likely route that will be followed for the appointment of the principal designer, post novation. If you have therefore been the principal designer prior to the novation of your design appointment you will need to terminate your principal designer appointment and provide the statement or declaration in accordance with Part 2A of the Building Regulations to the client at the point of novation. It is for the client to take all reasonable steps to satisfy themselves of their new principal designer’s organisational capability to fulfil the requirements of the regulations and for the main contractor to not accept any appointment if they do not satisfy the competence requirements of the principal designer at the time of the appointment."

The document then goes on to describe and answer a number of frequently asked questions regarding the Principal Designer role. It is a vital missing link in fully understanding the potential implications of the Building Safety Act moving forward, giving useful advise to designers facing a myriad of issues.

The full document with all FAQs can be downloaded via this link Principal Designer Practice Note, published by the RIBA.

In support of its members, the RIBA has also published a variety of templates and forms which can be used by those in the Principal Designer Role, these can be found here RIBA Principal Designer Guide downloadable templates

1.1 Relevant Requirements Tracker: Supporting the decisions made to ensure compliance with the requirements of regulations 4, 6, 7, 8, 22, 23, 25B, 26, 26A, 28, 36, 41(2)(a), 42(2)(a), 44A, 44ZA, 44ZC and 44D to 44I and Schedule 1 of the Building Regulations and could be used as evidence or for supporting change control processes etc as applies.
2.1: Client Care Letter (Commercial). Provides initial guidance for domestic clients regarding their statutory duties under the regulations, which both designers & clients need to understand & comply with on all projects.
2.1: Client Care Letter (Domestic). Provides initial guidance for domestic clients regarding their statutory duties under the regulations, which both designers and clients need to understand and comply with on all projects.
2.1: Lead Designer Agreement. Client letter can be used to advise client of agreement with the other designers, confirming which designer shall act as the lead designer and principal designer for the project.
2.4: Notice of Designated Individual. This notice can be used to record the details of any individuals designated to fulfil the principal designer duties on behalf of an organisation.
3.2: Non-HRB Completion Statement. This declaration can be used to provide the client a signed Completion Statement as required under the Building Regulations for non-HRB projects.
4.3: Personal Competence Statement. This statement can used to advise clients of the designers skills, knowledge, experience and behaviours that demonstrate competency to fulfil the principal designer duties.
4.4: Notification of Competence. This letter can used to advise a client of instances where a designer is no longer competent to continue as the principal designer.