Since the Building Safety Act 2022 came into force, the phrase "principal designer" carries two separate statutory meanings in England. Under the Construction (Design and Management) Regulations 2015, the principal designer is the designer appointed to plan, manage and monitor the pre-construction phase in respect of health and safety in design. Under Part 3 of the Building Safety Act 2022 and the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (SI 2023/909), a separate principal designer is appointed for any higher-risk building (HRB) to plan, manage and monitor building regulations compliance in the design work.
A single individual or firm may hold both roles, but the duties and PI implications differ. Confusing the two is a common drafting error in appointment letters.
Section 6 of the Building Safety Act 2022 amended the Building Act 1984 to require that a person carrying out design work must have the skills, knowledge, experience and behaviours (SKEB) to do so. Regulation 8 of SI 2023/909 applies the same test to the principal designer, and places a duty on the client to satisfy themselves that the appointee meets it. The Building Safety Regulator has published a competence framework indicating the evidence expected — recognised registration schemes, CPD records, past HRB experience and behavioural indicators.
PI underwriters have picked this up quickly. Proposal forms now routinely ask whether the practice acts as BSA principal designer, on how many HRB projects, and what competence records are kept.
Part 3 of the Building Safety Act 2022 (sections 30 to 64) and SI 2023/909 introduce a gateway regime for HRBs.
Fire safety must be considered at the planning application stage. The principal designer helps compile the fire statement submitted with the planning application.
No construction work on an HRB may begin until the Building Safety Regulator (BSR) has approved the building control application. The principal designer signs the compliance declaration confirming that, so far as they are aware, the design meets the functional requirements of the building regulations.
The completed building cannot be occupied until the BSR issues a completion certificate. The principal designer contributes to the final compliance declaration and hands the design element of the golden thread of information to the accountable person (section 88, Building Safety Act 2022).
The BSA principal designer is very often a named individual — a partner, director or senior associate — even when the practice is the contracting entity. Regulatory enforcement under sections 38 and 39 of the Building Safety Act 2022 can be brought against individuals, and civil claims by clients or subsequent building owners can name the individual alongside the firm.
This matters for PI. A firm's policy will normally define "Insured" to include the firm and its current and former partners, directors and employees while acting in the course of the firm's business, but the wording must be checked. Where the appointment names the individual personally, some insurers will want the appointment routed through the firm, or will ask for endorsement.
An architectural practice appoints one of its partners, Ms A, as BSA principal designer for the refurbishment of a 22-storey residential block. The client's appointment requires £5 million PI cover "in the name of the principal designer". The practice holds £5 million each and every claim. Two points need checking. First, the policy's "Insured" definition must include partners acting on behalf of the practice, or Ms A is not personally within cover. Second, the HRB position — sub-limits, cladding exclusions, aggregate caps — needs to reconcile with the appointment terms. Where the wording falls short, Apex can approach the insurer for endorsement.
Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Firm reference number 724952. This entry is general information, not advice on any particular policy.