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edwill7  
#1 Posted : 15 May 2015 11:57:35(UTC)
Rank: Forum user
edwill7

Just for your thoughts really.

I am having an extension built at home. I am the client and my builder is the "Principal Contractor". This is all theoretical as no mention of the CDM regs has every been mentioned but bare with me.
I drew plans and submitted the planning permission, I supplied the builder with all relevant information in regard to the build of the "out houses" that being knocked down and where all of the services were.
Building control were contacted at the correct time and visited site. Once the building was taken down, building control visited again.
On this visit he was unhappy with the neighbouring building's (semi detached) 15 year old extension as it was tied into our old out house. This meant that we had to redesign the new building and install additional lintels (basically to prop up next door). All of this resulted in a change in build order etc.

Does this mean that the building control officer has responsibility as Principal Designer now?
ashleywillson  
#2 Posted : 15 May 2015 12:02:41(UTC)
Rank: Super forum user
ashleywillson

Well as the client you appoint the PD - so if you appointed him in writing as the PD then yes.

I suspect you didn't and from the sounds of it, you don't need a PD or PC. Giving advice and telling you what you need to do will not fulfil the duties of the PD at all. There is more to it. If you need a PD I would consider using your PC and getting them to fulfil the duties.
Ron Hunter  
#3 Posted : 15 May 2015 12:09:01(UTC)
Rank: Super forum user
Ron Hunter

The old ACoP made it very clear that Building Control, Historic Scotland, English Heritage, etc. were not to be considered as "participating in design". I haven't checked the new 2015 Guidance.

Either way, the Building Control Officer cannot be the Principal Designer as he is not in control of the design phase of the Project.
ashleywillson  
#4 Posted : 15 May 2015 12:16:29(UTC)
Rank: Super forum user
ashleywillson

Good points Ron!
walker  
#5 Posted : 15 May 2015 12:21:15(UTC)
Rank: Super forum user
walker

The way I read it, the BCO was telling you the design was insufficient.
The designer had not taken into account your duties to your neighbour
achrn  
#6 Posted : 15 May 2015 12:35:07(UTC)
Rank: Super forum user
achrn

edwill7 wrote:

I drew plans and submitted the planning permission, I supplied the builder with all relevant information in regard to the build of the "out houses" that being knocked down and where all of the services were.


If you drew the plans and supplied the builder with the relevant information for the build, that makes you the only designer involved, which makes you the designer in control of the pre-construction phase, which for domestic client (you) makes you the PD, I think.

That is, from the description given, you are a domestic client (who would normally escape all duties), but you are ALSO a designer on the project, and apparently the only designer on the project, and designers don't escape their duties when the client is a domestic client.

Building control won't be the PD.
Alfasev  
#7 Posted : 15 May 2015 12:41:00(UTC)
Rank: Super forum user
Alfasev

I am pretty sure statutory functions like Building Control are protected against being considered a designer as long as they act within their powers as set out in the relevant act. it is a similar situation with planners.
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