UNDERSTANDING THE HOMEOWNERS AND DEVELOPERS RESPONSIBILITIES UNDER CDM REGULATIONS 2015 AND THE BUILDING SAFETY ACT
- RRuddick
- Aug 25
- 3 min read
Updated: Sep 3
Understanding the homeowners and developers responsibilities under CDM Regulations 2015 and the Building Safety Act can feel daunting, but don’t worry, this article will help you and provide some valuable insight into what it entails.
When carrying out building work on your home or on a private development, it is important to understand the legal duties placed on you as a client. Two key pieces of legislation govern this area. The Construction Design and Management Regulations 2015 (CDM 2015) and the Building Safety Act 2022.
Client Duties under CDM 2015
CDM 2015 applies to all construction projects including small domestic works. Under these regulations the client has a legal responsibility to ensure that health and safety is considered from the earliest stages of the project. This includes making suitable arrangements for managing the project, appointing duty holders, and ensuring that those appointed are competent.
For private clients carrying out work on their homes CDM 2015 transfers many of these duties to the contractor or the principal designer. However it remains the client’s responsibility to appoint competent people and to ensure that the arrangements in place will deliver a safe project.
The Building Safety Act 2022
The Building Safety Act builds on these requirements and sets a stronger framework for accountability. It reinforces the importance of competence and clear responsibility throughout the life of a building project. Homeowners and private developers must understand that they are considered clients under the Act and therefore have duties to ensure compliance with building regulations and building safety requirements.
The Role of the Principal Designer
The principal designer is a key role under CDM 2015 and now under the Building Safety Act as well. The principal designer is responsible for planning, managing and monitoring the design work to ensure that health and safety is properly addressed. This role must be undertaken by someone who is competent, with the necessary skills knowledge and experience to fulfil the duties.
As architects Richard Ruddick Architects are fully qualified and regulated professionals who can act as principal designer on behalf of our clients. We ensure that compliance with CDM 2015 and the Building Safety Act is met from the earliest stages through to completion. This includes coordinating with contractors, identifying risks and ensuring that the design process supports a safe and successful project.
Architects versus Unregulated Designers
It is important for homeowners to understand that not all individuals offering design services are subject to regulation. Unregulated architectural designers may not have the competence required to act as principal designer.
Without the oversight of a regulated professional such as a registered architect there is a risk that the client’s legal duties may not be met which could expose them to liability.
Conclusion
For private clients undertaking building works the responsibilities under CDM 2015 and the Building Safety Act are significant. Appointing a competent and regulated professional such as Richard Ruddick Architects ensures that these duties are properly managed and that the project is compliant safe and well coordinated. By acting as principal designer we protect our clients and help deliver successful projects in line with the law.
Helpful Resources
Health and Safety Executive, Construction Design and Management Regulations 2015 (CDM 2015) - https://www.hse.gov.uk/construction/cdm/2015/domestic-clients.htm
We hope that you choose to work with us, but always check any other architect is properly qualified. The ARB Register provides a list of all fully qualified architects – if they aren’t on this list, they are not an architect.
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