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andrewhopwood  
#1 Posted : 09 January 2024 10:52:23(UTC)
Rank: Forum user
andrewhopwood

I am told by a client that  the Principal Designer Role does not include the role PD HRRB with the new Building Safety  act 2022 etc. It  is being intimated that this is another role completely, if this is the case the PD must surely  need to be in control not  subbed out to third partiers

This is what i am in reciept of :

The CDM Principal Designer is NOT the Principal Designer appointed under the Building Safety Act.

I understand the opposite from varying points of legislation, the Hacket report recommended the inclusion into the role

What is the rule now ? I see it as black and white but  obviously there is a conflict of opinion here 

Edited by user 09 January 2024 10:53:43(UTC)  | Reason: Not specified

firesafety101  
#2 Posted : 09 January 2024 11:26:10(UTC)
Rank: Super forum user
firesafety101

Hi, Buildings regs compliance is now written into theBuilding Safety Act.  One PD for CDM and another for CDM Complience

They say the CDM PD may not posess the required knowledge and experience to undertake the new role.

PD (Building REgs), is to Manage the design phase prior to site works.

Small scale projects can still be undertaken by a sole practirioner of company.

Edited by user 09 January 2024 11:27:09(UTC)  | Reason: Typo

andrewhopwood  
#3 Posted : 09 January 2024 12:57:09(UTC)
Rank: Forum user
andrewhopwood

Originally Posted by: firesafety101 Go to Quoted Post

They say the CDM PD may not posess the required knowledge and experience to undertake the new role.

PD (Building REgs), is to Manage the design phase prior to site works.

So with that  in mind the CDM regs 2015  state:

Appointment of the principal designer and the principal contractor

5.—(1) Where there is more than one contractor, or if it is reasonably foreseeable that more than one contractor will be working on a project at any time, the client must appoint in writing—

(a)a designer with control over the pre-construction phase as principal designer; and

(b)a contractor as principal contractor.

(2) The appointments must be made as soon as is practicable, and, in any event, before the construction phase begins.

(3) If the client fails to appoint a principal designer, the client must fulfil the duties of the principal designer in regulation 11 and 12.

(4) If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor in regulations 12 to 14.

There is no addendum to clarify  this point within CDM

but  i have been told it is my resonsibility  to appoint a PDHRRB but, the Residential section is on the floors above and not within the scope of works ??

To add our insurer will not cover this appointment 

achrn  
#4 Posted : 09 January 2024 15:39:54(UTC)
Rank: Super forum user
achrn

The Building Regulations etc. (Amendment) (England) Regulations 2023 create a new PC and PD (for all buildings, not just higher risk ones).  The Building Regs (BR/BSA) PD may be the same entity as the CDM PD, but it need not be.  Although there is lots of overlap between CDM PD and BR/BSA PD duties, the competence requirements differ - especially in a project that has both civils non-building work (bridges, roads, earthworks etc) and building work.

It's irrelvant whether the residential units are part of the works - it's whether the building is a higher risk building, not whether the works make it so, that matters

I don't understand thc comment "it is my resonsibility  to appoint a PDHRRB" - that's true only if you are the client.  In both CDM and the ammended Building Regs it is the client's duty to appoint the PDs in writing (and tere's no such thing as a PDHRRB - you need a PD for buidling regs purposes whetehr it's higher risk or not). If you are the client, yes you need to appoint a CDM PD and you need to appoint a BR/BSA PD.

The client may certify that the CDM PD is to act as the BR/BSA PD, but the the CDM PD may not be suitable (eiterh for reasons of competence or resource availability) and the new regs don't seem to conrtemplate that scenario.

RosalindBronte  
#5 Posted : 10 January 2024 07:21:05(UTC)
Rank: New forum user
RosalindBronte

The Principal Designer under the Building Safety Act is indeed a separate role from the CDM Principal Designer. The Hacket report recommended their inclusion, but currently, they are distinct roles. My advice would be to stay informed about any updates or changes in legislation to ensure compliance with both roles when necessary.

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