The Building Safety Act 2022 (BSA 2022) redefined the role of the principal designer making it essential to have the right insurance in place to manage the broad range of risks inherent in the position and ensure long-term protection against claims.
Principal designers influence how risks to health and safety are managed throughout a project by managing and monitoring the design work during the design stage of a project. They take all reasonable steps to ensure the design of the building work would comply with all relevant requirements.
Significantly, a principal designer may remain liable for building safety for up to 15 years under the provisions of the BSA 2022.
To mitigate those risks, principal designers must consider appropriate insurance coverage, including professional indemnity which covers design errors and negligent professional services.
Principal Designer Liabilities
The UK role of the principal designer has evolved in response to increasing concerns over health, safety, and building integrity within the construction industry. With the introduction of the Building Safety Act 2022, the responsibilities and liabilities of principal designers have expanded significantly.
The Construction (Design and Management) Regulations 2015 (CDM 2015) introduced the role of the principal designer to manage health and safety risks during the design phase of construction projects. Under CDM 2015, principal designers were tasked with coordinating between designers, contractors, and the client to identify and mitigate risks throughout the project’s lifecycle, ensuring safety not only during construction but also for future occupants.
Liabilities under CDM 2015 included both civil and criminal liability, which means principal designers could face lawsuits for negligence or enforcement action by the Health and Safety Executive (HSE) for failing to meet health and safety obligations. These regulations established the foundation for accountability during the design phase but were further expanded in light of subsequent construction failures.
Building Safety Act 2022
The Building Safety Act 2022 was introduced as a direct response to failures in building safety, notably the Grenfell Tower fire in 2017. The Act significantly increases accountability for building safety, particularly for higher-risk buildings (HRBs)—those over 18 meters in height or with more than 7 stories.
Under this legislation, the role of the principal designer has been expanded. They must now ensure that building safety is considered at every stage of the design and construction process. This includes compliance with the gateway process, which requires projects to meet safety requirements at key stages—such as before planning approval (Gateway 1), before construction begins (Gateway 2), and post-completion (Gateway 3). The Building Safety Regulator (BSR), created under the Act, enforces these safety regulations and oversees compliance, making the principal designer even more accountable for design safety.
The Act also introduces the concept of the golden thread of information, a digital record that tracks key safety decisions and information throughout the lifecycle of a building. Principal designers are responsible for contributing to and maintaining this record during the pre-construction phase, ensuring all safety-related decisions are documented and traceable.
The key issues in principal designer liability include:
Expanded Scope of Liability: The Building Safety Act enhances the responsibility of the principal designer, who now faces significant liability for ensuring that safety measures are integrated into the design from the outset. They are responsible for ensuring compliance with all health, safety, and building regulations throughout the project. Breaches of these obligations could result in both civil claims for damages and criminal penalties, including fines or imprisonment.
Longer Liability Period: The Act extends the period during which claims can be brought against principal designers. For existing buildings, claims can be made up to 30 years after completion, while for new buildings, the limit is 15 years. This extended liability period puts additional pressure on principal designers to ensure that their work remains compliant long after the project is finished, particularly with regard to fire safety and structural integrity.
Collaboration and Coordination: The principal designer must work closely with other duty holders under the Act, such as the principal contractor, client, and other designers, to ensure that health and safety risks are communicated and managed effectively. Any breakdown in this communication could lead to liability for the principal designer if safety risks are not properly mitigated or addressed in the design process.
W Denis Brokers are market leading experts in Professional Indemnity. Please contact Mark Dutton at [email protected] / 0044 (0) 7831366469 or make an appointment via Daniel Moss at [email protected] / 0044 (0)113 2439812.
