An architect is having a problem with a domestic clients who wants to secure building regulations approval before considering appointing the architect as Principal Designer.

The regulation states to make appointments must be made as soon as is practicable

Advice please

Perhaps he wants to wait and see if the Architects drawings pass planning before making the appointment. Surely that is acceptable, otherwise he may not know if he is competent?

The architect will be the Principal Designer by default under regulation 7 (2) (a). A formal appointment or more correctly a written agreement is required if the architect wants to take on a lot of the Client’s duties under regulation 4(1) to (7) and 6. Duties in my opinion they should avoid taking on unless they are satisfied they have the authority to fulfil.

Architects on domestic projects need to be able to demonstrate when their appointment has concluded. They do not want to be deemed the Principal Designer by default when a serious incident occurs months down the line

This is an interesting question.

Going forward CDM 2015 applies regardless as to when the design was done. But the designer is unlikely to be held responsible for decisions made under CDM 2007 that breach CDM 2015. However in reality designer's duties have not changed dramatically, they have just been clarified and the majority of design risks are subject to the building regulations.

In this case it appears the transitional arrangements do not apply as construction has not started on site and no CDM-C was appointed prior to 6th April 2015.