The Client’s Role in a Building Project: CDM, Building Regulations and the Importance of the Architect Explained
Planning an extension, renovation or new-build project? Understanding your responsibilities as the client is an important first step. Find out what the current CDM and Building Regulations require, and why appointing an architect as principal designer can make such a difference to the success of your project.
When you decide to extend, renovate or build a new home, it is easy to focus on the exciting parts of the project: the design, materials, finishes and additional space you want to create.
However, as the client, you also have important responsibilities throughout the building project. Current legislation places clear duties on the person commissioning construction work, particularly in relation to health and safety under the Construction (Design and Management) Regulations 2015 (CDM) and compliance with the Building Regulations.
Understanding these responsibilities early can help you make better decisions, avoid unnecessary problems and ensure your project is properly managed from the outset.
What is the client's role in a building project under CDM and Building Regulations?
The client is the person or organization for whom the construction work is being carried out. For a typical residential project, this will usually be the homeowner.
The client has considerable influence over the project because they decide what is to be built, appoint the professionals and contractors, and establish the budget and ultimately commission the work.
Under both CDM and the Building Regulations, the client therefore has an important role in making sure the project is appropriately planned and that suitable, competent people are appointed.
This does not mean that a homeowner needs to become an expert in construction legislation. In fact, one of the most important decisions a client can make is to appoint appropriately qualified and experienced professionals to provide the necessary expertise.
What does CDM mean for a client?
The Construction (Design and Management) Regulations 2015, commonly known as CDM, are intended to improve health and safety throughout the construction process.
CDM applies to construction projects ranging from small domestic extensions to major developments. Its purpose is to ensure that health and safety risks are considered during the design and planning stages, rather than being left until construction begins.
For commercial clients, CDM places specific responsibilities on the client, including making suitable arrangements for managing the project, providing sufficient time and resources, appointing competent designers and contractors, and ensuring that appropriate health and safety information is prepared.
Domestic clients are treated differently. On a typical homeowner project involving a single contractor, many of the domestic client's CDM duties automatically pass to the contractor. Where a project involves more than one contractor, the duties generally pass to the Principal Contractor and Principal Designer.
However, a homeowner can choose to appoint their architect or another designer to take on relevant client duties. This should be clearly agreed as part of the professional appointment.
The important point is that the client should not assume that CDM is simply a matter for the builder. Health and safety should be considered from the earliest stages of the project.
What are the client's responsibilities under the Building Regulations?
The Building Regulations are different from planning permission. Planning permission controls matters such as the principle of development, appearance, scale and impact on surrounding properties, while Building Regulations deal with the technical performance and safety of the building.
Building Regulations cover areas including:
· Structural stability
· Fire safety
· Thermal performance and energy efficiency
· Ventilation
· Drainage and sanitation
· Electrical safety
· Access and facilities
· Protection from falls and other hazards
Since October 2023, changes to the Building Regulations have introduced a strengthened dutyholder regime. Clients, designers and contractors all have defined responsibilities for ensuring that building work complies with the Building Regulations.
The client must make suitable arrangements for planning, managing and monitoring the design and construction work and must take reasonable steps to ensure that the building work complies with the Building Regulations.
The client must also appoint people with the appropriate skills, knowledge, experience and organisational capability for the work they undertake.
Where a project involves more than one contractor, the client will generally need to appoint a Principal Designer and Principal Contractor.
These responsibilities make the choice of professional team particularly important.
Why is an architect important?
For many homeowners, navigating planning, Building Regulations, CDM, structural design, energy requirements and construction can seem overwhelming.
This is where an architect can provide significant value.
An architect does considerably more than produce drawings. They can help you establish your requirements, assess your property, develop the design, identify planning opportunities and constraints, coordinate structural and specialist information and guide the project through the various statutory requirements.
An experienced architect can also identify potential problems before construction begins. This is important because many costly construction problems originate from decisions that were not properly considered or coordinated during the design stage.
Your architect as Principal Designer
On many residential projects, the architect can be appointed as the Principal Designer under CDM.
The Principal Designer has responsibility for planning, managing, monitoring and coordinating health and safety during the pre-construction phase. This includes identifying foreseeable risks and ensuring that designers work together to eliminate or reduce those risks wherever reasonably practicable.
The architect may also be appointed as the Principal Designer under the Building Regulations dutyholder regime. Although these are separate legal roles, having an experienced architect involved in both areas can provide valuable continuity throughout the design process.
The precise responsibilities should always be confirmed within the architect's appointment.
An architect can help you navigate Building Control
It is important to understand that Building Control does not design the building for you.
Building Control's role is to assess whether the proposed and completed work complies with the Building Regulations. The responsibility for producing an appropriate and compliant design remains with the relevant dutyholders.
An architect can prepare and coordinate the technical information required for Building Regulations approval and liaise with Building Control during the design and construction process.
This can include drawings, specifications, construction details and information relating to matters such as insulation, fire safety, ventilation, accessibility and structural coordination.
Having this information properly prepared before construction begins can significantly reduce uncertainty and the risk of expensive changes on site.
Choosing the right contractor
The client's responsibilities also extend to the appointment of the contractor.
The cheapest quotation is not necessarily the best option. Experience, competence, resources, insurance, references and the contractor's understanding of the proposed work should all be considered.
An architect can help you assess tenders, compare quotations and identify exclusions or potential additional costs.
Depending on the appointment and scope of services, an architect can also administer the building contract and make regular site inspections. This can provide the client with an additional layer of professional oversight during construction.
Why good design and preparation matter
A well-designed project is more likely to be successful because potential problems are considered before they become construction problems.
Good preparation can help establish:
A realistic budget – understanding the likely construction cost before committing to the project.
A clear design – ensuring that the client's requirements are properly translated into drawings and specifications.
Regulatory compliance – considering planning, Building Regulations and other statutory requirements at the appropriate stages.
Buildability – developing details that can realistically be constructed.
Coordination – ensuring that architectural, structural and specialist information works together.
Risk management – identifying foreseeable health and safety risks during construction and future maintenance.
Quality control – ensuring that the finished building reflects the design intent.
The client's role doesn't end when construction starts
Obtaining planning permission and Building Regulations approval does not mean that the client's responsibilities are finished.
Construction projects inevitably involve decisions and sometimes changes. Alterations made on site can affect structural stability, fire safety, energy performance, planning permission or Building Regulations compliance.
It is therefore important that changes are properly considered and agreed rather than simply being made informally on site.
An architect can act as an important link between you, the contractor, Building Control, structural engineer and other consultants, helping to ensure that changes are properly coordinated.
At the end of the project, appropriate completion and certification documentation should also be obtained and retained.
Appointing an architect is an investment in your project
A construction project represents a significant financial investment. The decisions made during the design and planning stages can have a major effect on the eventual cost, quality and performance of the finished building.
Appointing an architect provides you with professional expertise throughout this process.
Rather than simply producing drawings, an architect can help you understand what is achievable, establish a realistic brief and budget, navigate planning and Building Regulations, coordinate specialist consultants, address CDM responsibilities and help manage the transition from design to construction.
Most importantly, an architect acts as your professional adviser. They can explain complex issues in straightforward terms and help you make informed decisions throughout the project.
Conclusion
The role of the client has become increasingly important under current CDM and Building Regulations requirements. Although homeowners are not expected to be experts in construction legislation, they are responsible for making appropriate arrangements and appointing competent professionals to help deliver a compliant and well-managed project.
For this reason, appointing an architect at the beginning of a building project can be one of the most valuable decisions a client makes.
From the initial concept through planning, technical design, Building Regulations and construction, an architect can provide the expertise needed to coordinate the project, manage risk and help protect your investment.
Good architecture is not simply about creating a beautiful building. It is about creating the right building, in the right way, with the right professional advice behind it.
Disclaimer: CDM and Building Regulation rules can change
