Prior to undertaking any services in connection with the Project we would like to take this opportunity to advise you of duties that you have as our client under the Construction (Design and Management) Regulations 2015 (‘CDM Regulations’) and The Building Regulations 2010 (‘Building Regulations’) as amended by The Building Regulations etc. (Amendment) (England) Regulations 2023.
These regulations create statutory duties for clients, designers and contractors in connection with the design and construction of buildings to ensure that buildings are safe to build, occupy, maintain and demolish and to ensure that they comply with the relevant requirements of the Building Regulations (‘relevant requirements’).
Our designer duties under the regulations prohibit us from starting design work unless we are satisfied that you are aware of your duties under the regulations.
As a domestic client your duties under the regulations are to:
- Provide building information and pre-construction information as soon as is practicable to every designer and contractor appointed, or being considered for appointment, on the Project
- Cooperate with any other person working on or in relation to the Project to the extent necessary to enable any person with a duty or function under the regulations to fulfil that duty or function.
There are further client duties under the regulations that will be undertaken by others on your behalf because you are a domestic client. These duties include making suitable arrangements for planning, managing and monitoring the Project, including allocating sufficient time and other resources, that must be maintained and reviewed throughout the Project, so as to ensure:
- Design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements
- Building work is carried out in accordance with all relevant requirements
- Designers and contractors working on the Project cooperate with each other to ensure compliance with all relevant requirements
- Design and building work is periodically reviewed to identify whether it is higher-risk building work
- Building work can be carried out, so far as reasonably practicable, without risks to the health and safety of any person affected by the Project
- Facilities required by Schedule 2 of the CDM Regulations are provided in respect of any person carrying out construction work.
If there will only be one contractor on the Project these client duties must be undertaken by that contractor. If there is more than one contractor, these client duties must be undertaken by the principal contractor. Alternatively, if you would like us undertake these duties on your behalf, as your principal designer, we would be happy to discuss this with you.