BSA vs CDM Principal Designer Duties: What's the Difference on Non-HRB Projects?

Summary

Why the confusion exists

When the Building Safety Act's dutyholder regime commenced on 1 October 2023, it reused the title 'Principal Designer' from the Construction (Design and Management) Regulations 2015 while giving it an entirely different job. Search engines and clients struggle with the distinction for the same reason architects do: two legal roles, one name, overlapping projects.

The CDM 2015 Principal Designer plans, manages, monitors and coordinates health and safety in the pre-construction phase — buildability, foreseeable construction risks, the pre-construction information and the health and safety file. The BSA 2022 Principal Designer plans, manages, monitors and coordinates the design work so that, if built in accordance with it, the building would comply with all relevant requirements of the Building Regulations. One is about people being hurt; the other is about the building being non-compliant.

On a typical non-HRB domestic project, the architect frequently ends up holding both — sometimes deliberately, sometimes by the domestic-client default. The professional risk is holding them without distinguishing them: quoting one fee, issuing one appointment letter, and keeping one undifferentiated file.

The comparison table

BSA 2022 vs CDM 2015 Principal Designer at a glance

AspectPrincipal Designer (BSA 2022)Principal Designer (CDM 2015)
Legal basisBuilding Safety Act 2022 / Building Regulations 2010 Part 2A (as amended 2023)Construction (Design and Management) Regulations 2015
Core purposeDesign compliance with Building Regulations (Parts A–T)Health and safety in the pre-construction phase
RegulatorBuilding control bodies; Building Safety Regulator oversightHealth and Safety Executive (HSE)
TriggerMore than one contractor on work subject to Building RegulationsMore than one contractor on a construction project
Domestic client positionPD role: designer in control of design phase if no written appointment on multi-contractor projects (reg 11C(2)); designer(s) address PD duties on single-contractor projects (reg 11D(6)–(7)). Client's own duties pass to contractor or PC (reg 11C(1))Client duties pass to contractor or PC (reg 7(1)). Where a domestic client fails to appoint (reg 5), the designer in control of the pre-construction phase is the principal designer and the contractor in control of the construction phase is the principal contractor (reg 7(2))
Competence benchmarkPAS 8671 (framework for PD competence); organisational capabilitySkills, knowledge, experience; PAS 8672 covers Principal Contractor
Key deliverablesCompliance coordination records, design compliance statements, handover of building informationPre-construction information, H&S risk coordination, health and safety file
Typical start point (RIBA)Stage 0–1, before design work beginsFormally when >1 contractor is known — often confirmed by Stage 4
EndsCompletion of the design work / building control completionEnd of pre-construction phase (handover of H&S file)

How the two roles map to RIBA Stages 2–4 on a domestic job

Appointment letters: one practice, two hats, two records

If your practice takes both roles, say so in writing — separately. The BSA appointment should reference the Building Regulations Part 2A duties and your PAS 8671-aligned competence statement; the CDM appointment should reference Regulation 5 of CDM 2015. If you are declining one role (commonly CDM PD where a project manager or the contractor's designer takes it), decline it in writing before start on site, or the domestic default rules may hand it to you anyway.

The same logic applies at the end: the CDM role concludes with the health and safety file; the BSA role concludes with compliance handover. Two closing letters, two evidence bundles — the file structure is the defence.

Common pitfalls that catch out sole practitioners

Frequently asked questions

Can the same person be Principal Designer under both BSA 2022 and CDM 2015?

Yes, and on small projects it is common and usually efficient. But they are separate legal roles with separate duties, competence expectations and deliverables — appoint, evidence and conclude them separately.

Which Principal Designer role applies to a single-contractor domestic project?

The CDM 2015 principal designer appointment (under Regulation 5) is only required on projects with more than one contractor — so the CDM PD appointment is not triggered on a single-contractor project. Under the Building Safety Act, however, the position is different: for a single-contractor domestic project, the contractor is treated as principal contractor (regulation 11D(6)), but the principal designer duties must still be addressed — by the sole designer if there is only one, or by whichever designer the others have agreed in writing if there are more than one (regulation 11D(7)). Adding a second contractor immediately triggers formal CDM PD appointment obligations as well.

What happens if a domestic client never appoints a Principal Designer?

The two regimes work differently but reach the same outcome for the architect. Under the Building Regulations (Part 2A): where a domestic client on a multi-contractor project has not made a written appointment, regulation 11C(2) provides that the designer in control of the design phase is the principal designer — the role falls on them without a fee or explicit agreement. The client's own Building Regulations duties pass to the contractor or principal contractor under regulation 11C(1), not to the designer. Under CDM 2015: regulation 7(1) provides that the client's own CDM duties pass to the contractor (single-contractor) or principal contractor (multi-contractor) — not to the designer. Separately, regulation 7(2) contains an explicit deemed-PD provision: where a domestic client fails to make the appointments required by regulation 5, the designer in control of the pre-construction phase is the principal designer (regulation 7(2)(a)) and the contractor in control of the construction phase is the principal contractor (regulation 7(2)(b)). In both regimes the professional risk is the same: the architect holds the role, without the fee, unless the appointment — or the declination — is in writing.

Track this natively instead of in Word templates

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