Textual Amendments
F1Pt. 2A inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 6(1) (with regs. 22-24)
11D.—(1) Where there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project, the client must appoint in writing—
(a)a designer with control over the design work as the principal designer for the purposes of these Regulations, and
(b)a contractor with control over the building work as the principal contractor for the purposes of these Regulations.
(2) A client is treated as complying with the requirement in paragraph (1) if, instead of appointing a person for the purposes of these Regulations, they certify, in writing, that the person who is the CDM principal designer, or, as the case may be, the CDM principal contractor, is treated as appointed as the principal designer or, as the case may be, the principal contractor, for the purposes of these Regulations.
(3) The appointments under this regulation must be made—
(a)in relation to a project which includes higher-risk building work for which an application for building control approval must be submitted to the regulator, before that application is submitted;
(b)in relation to any other project, before the construction phase begins.
(4) Where the appointment of a principal designer or the principal contractor ends before the end of the project, as soon as reasonably practicable the client must appoint a new principal designer or new principal contractor, as the case may be, under this regulation.
(5) Where the client fails to appoint a principal designer (or a replacement principal designer) or, as the case may be, a principal contractor (or a replacement principal contractor), the client must fulfil the duties of the principal designer or the principal contractor, as the case may be, under these Regulations until they appoint another person to that role.
(6) Where there is only one contractor working on a project that contractor is to be treated as appointed as the principal contractor and must fulfil the duties of the principal contractor set out in these Regulations.
(7) Where paragraph (6) applies and—
(a)there is only one designer, or it is reasonably foreseeable that there will be only one designer working on a project, that designer must fulfil the duties of the principal designer set out in these Regulations; or
(b)there is more than one designer or it is reasonably foreseeable that there will be more than one designer working on a project at any time—
(i)the designers must agree in writing which designer is to fulfil the duties of the principal designer set out in these Regulations (“the lead designer”);
(ii)the lead designer must give a copy of the agreement to the client.
(8) In relation to higher-risk building work, on appointing a principal designer, for each appointment the client must keep a record, in writing, of the steps it took under paragraph (2) to (4) of regulation 11E (considerations before a person carries out work).
(9) In relation to higher-risk building work, on appointing a principal contractor, for each appointment the client must keep a record, in writing, of the steps it took under paragraphs (2), (3) and (5) of regulation 11E (considerations before a person carries out work).
(10) In relation to higher-risk building work, on appointing any other person, the person making the appointment must give to the client (and the client must keep) a record, in writing, of the steps the person making the appointment took under regulation 11E(2) (considerations before a person carries out work).
11E.—(1) This regulation applies where a person (P) is proposing to use any person (A) to carry out any building work or design work.
(2) Before permitting A to carry out any work—
(a)P must take all reasonable steps to satisfy themself that A—
(i)fulfils the requirements in regulation 11F(1) and (2) (competence: general requirement), or
(ii)is an individual who is in training to fulfil the requirements in regulation 11F(1) and (2) and arrangements have been put in place to supervise A, and
(b)where the work relates to a higher-risk building, P must—
(i)ask A whether a serious sanction has occurred, in relation to them, within the 5 years ending on the date of the appointment; and
(ii)consider any information available to P relating to any misconduct of A (including any serious sanction).
(3) Before permitting A to undertake any work, P must additionally take all reasonable steps to satisfy themselves that A is able to fulfil the duties of regulation 11J (general duty to plan, manage and monitor).
(4) Where A is to be appointed as the principal designer, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11G(1) (competence: principal designer) in relation to the design work.
(5) Where A is to be appointed as the principal contractor, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11H(1) (competence: principal contractor) in relation to the building work.
(6) Any request to undertake any building work or any design work must not be accepted by A if A does not satisfy the requirements in regulation 11F(1) and (2) (competence: general requirement) at the time of the appointment (except where those requirements do not apply to A by virtue of regulation 11F(3)).
(7) A must not act—
(a)as the principal designer in relation to any design work if A does not satisfy the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11G(1) (competence: principal designer) at the time of the appointment as the principal designer;
(b)as the principal contractor in relation to any building work if A does not satisfy the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11H(1) (competence: principal contractor) at the time of the appointment as the principal contractor.
(8) In this regulation “serious sanction” means—
(a)the issue to A of a compliance notice which referred to contravention or likely contravention of a requirement of Part A (structure) or Part B (fire safety) of Schedule 1;
(b)the issue to A of a stop notice;
(c)the conviction of A for any offence under—
(i)the Act;
(ii)the Health and Safety at Work etc. Act 1974;
(iii)the Building Safety Act 2022;
(iv)the Regulatory Reform (Fire Safety) Order 2005;
(d)a report published by an inquiry under the Inquiries Act 2005 finds that A’s action or inaction resulted in one or more deaths or was likely to have been a contravention of any requirement of—
(i)the Act;
(ii)Part A (structure) or Part B (fire safety) of Schedule 1;
(iii)the Health and Safety at Work etc. Act 1974;
(iv)the Building Safety Act 2022;
(v)the Regulatory Reform (Fire Safety) Order 2005.]