03 Nov 2015
There is much confusion over the application of these regulations, and in particular Regulation 7 regarding appointments by Domestic Clients.
Domestic clients are not expected to be experts in construction work, and so their legal duties are to be undertaken by others –
If only one contractor involved, the client’s duties are to be undertaken by that contractor
If more then one contractor, a Principal Contractor needs to be appointed and the client’s duties will be undertaken by them
OR the client can appoint in writing a Principal Designer (PD) to undertake the client’s duties.
The client still needs to appoint a PD if there is more than one contractor to undertake the PD duties
If a client does not make an appointment –
the contractor undertaking the work is the Principal Contractor and undertakes the clients duties
the designer who carried out the original design becomes the Principal Designer and carries out the PD duties and Clients duties
The HSE have recently stipulated that an Architects practice in Cornwall, who did not want to be PD, had to be as they had done the original designs.