On 1^st October 2023 the Building Regulations etc. (Amendment) (England) Regulations 2023 (BRAE2023) came into force, providing further clarity on how the government intends to implement the new regulatory regime introduced under the Building Safety Act 2022.

As such, any project requiring a new Building Regulations application will now require duty holders to be appointed in a similar way to that required under the Construction (Design and Management) Regulations 2015 (CDM2015).

Unfortunately, what’s likely to cause confusion is that the duty holders under each set of regulations share the same titles. However, it’s important to understand that their individual responsibilities are quite different.

Essentially, whilst CDM Regulations focus on health and safety, BRAE Regulations focus on design.

It’s likely that the Government assumed the same body would (generally) undertake both roles. However, one fundamental part of the legislation is that all duty holders should possess the skills, knowledge, experience and behaviours necessary to undertake their role – and here lies the potential problem. We’re hearing that in practice, it’s proving difficult to find individuals or organisations that have the requisite competencies to undertake, or indeed are prepared to take on both roles – particularly for the Principal Designer under the BRAE Regulations.

In these situations, we are able to act in a CDM Principal Designer Advisory role.

So, whilst you’ll formally act as the Principal Designer under both sets of regulations, we’ll advise you of your obligations under CDM2015 and undertake most of the required tasks on your behalf. Giving you peace of mind and allowing you to concentrate on what you do best.

Please visit our Principal Designer page for further details and if we can help further, contact us HERE.