GOODCHILD
DESIGN
PARTNERSHIP
Please carefully read the following information, before we can start any design work, we need you to reply to us and acknowledge you are aware of your responsibilities under the CDM Regulations and the Building Regulations as explained here.
Domestic client duties for construction projects
Thank you for the opportunity to provide professional services in connection with your project (“the Project”)
Prior to undertaking any services in connection with the Project we would like to take this opportunity to advise you of duties that you have as our client under the Construction (Design and Management) Regulations 2015 (‘CDM Regulations’) and The Building Regulations 2010 (‘Building Regulations’) as amended by The Building Regulations etc. (Amendment) (England) Regulations 2023.
These regulations create statutory duties for clients, designers and contractors in connection with the design and construction of buildings to ensure that buildings are safe to build, occupy, maintain and demolish and to ensure that they comply with the relevant requirements of the Building Regulations.
Our designer duties under the regulations prohibit us from starting design work unless we are satisfied that you are aware of your duties under the regulations.
As a domestic client your duties under the regulations are to:
There are further client duties under the regulations that will be undertaken by others on your behalf because you are a domestic client. These duties include making suitable arrangements for planning, managing and monitoring the Project, including allocating sufficient time and other resources, that must be maintained and reviewed throughout the Project, so as to ensure:
We envisage that more than one contractor will be working on this project, therefore under the CDM Regulation and Building Regulations you must appoint in writing:
You may make separate appointments to these roles under the CDM Regulations and Building Regulations respectively. Or you may certify that your CDM Regulations principal designer and principal contractor are also to be treated as your Building Regulations principal designer and principal contractor, provided they are competent to fulfil both functions.
As the lead (or only) designer on the Project we confirm we are your principal designer with control over the design work.
Upon completion of the building work, we are legally required to declare that we have fulfilled our duties under the Building Regulations. Essentially signing the project off with regard to compliance at the design stage. Without this declaration, Building Control will not issue your final certificate. If you or your contractor have deviated from our design, then we will have to review the changes in order for us to sign the project off. We make a separate charge for this part of the service as the cost can vary depending on how much work we have to do in reviewing the changes.
You should note that you and your nominated Principle Contractor will also be required to sign similar declarations, again Building Control will not issue the Final Certificate until they have the declarations. It is in your interest to ensure your Contractor is also aware of this obligation to declare as part of his services to you.
To enable us to commence our design services, we require you to confirm below that you are aware of your duties. If you have any questions or would like to discuss the above information, then please do not hesitate to contact me.
In the meantime, you can find more guidance regarding your client duties here:
https://www.legislation.gov.uk/uksi/2023/911/regulation/6/made
Thank you for the opportunity to provide professional services in connection with your project (“the Project”)
Prior to undertaking any services in connection with the Project we would like to take this opportunity to advise you of duties that you have as our client under the Construction (Design and Management) Regulations 2015 (‘CDM Regulations’) and The Building Regulations 2010 (‘Building Regulations’) as amended by The Building Regulations etc. (Amendment) (England) Regulations 2023.
These regulations create statutory duties for clients, designers and contractors in connection with the design and construction of buildings to ensure that buildings are safe to build, occupy, maintain and demolish and to ensure that they comply with the relevant requirements of the Building Regulations.
Our designer duties under the regulations prohibit us from starting design work unless we are satisfied that you are aware of your duties under the regulations.
As a domestic client your duties under the regulations are to:
- provide building information and pre-construction information as soon as is practicable to every designer and contractor appointed, or being considered for appointment, on the Project and
- cooperate with any other person working on or in relation to the Project to the extent necessary to enable any person with a duty or function under the regulations to fulfil that duty or function.
There are further client duties under the regulations that will be undertaken by others on your behalf because you are a domestic client. These duties include making suitable arrangements for planning, managing and monitoring the Project, including allocating sufficient time and other resources, that must be maintained and reviewed throughout the Project, so as to ensure:
- design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements of the Building Regulations
- building work is carried out in accordance with all relevant requirements of the Building Regulations
- designers and contractors working on the Project cooperate with each other to ensure compliance with all relevant requirements of the Building Regulations
- design and building work is periodically reviewed to identify whether it is higher-risk building work
- building work can be carried out, so far as reasonably practicable, without risks to the health and safety of any person affected by the Project
- facilities required by Schedule 2 of the CDM Regulations are provided in respect of any person carrying out construction work.
We envisage that more than one contractor will be working on this project, therefore under the CDM Regulation and Building Regulations you must appoint in writing:
- a designer with control over the design work as the principal designer
- a contractor with control over the building work as the principal contractor.
You may make separate appointments to these roles under the CDM Regulations and Building Regulations respectively. Or you may certify that your CDM Regulations principal designer and principal contractor are also to be treated as your Building Regulations principal designer and principal contractor, provided they are competent to fulfil both functions.
As the lead (or only) designer on the Project we confirm we are your principal designer with control over the design work.
Upon completion of the building work, we are legally required to declare that we have fulfilled our duties under the Building Regulations. Essentially signing the project off with regard to compliance at the design stage. Without this declaration, Building Control will not issue your final certificate. If you or your contractor have deviated from our design, then we will have to review the changes in order for us to sign the project off. We make a separate charge for this part of the service as the cost can vary depending on how much work we have to do in reviewing the changes.
You should note that you and your nominated Principle Contractor will also be required to sign similar declarations, again Building Control will not issue the Final Certificate until they have the declarations. It is in your interest to ensure your Contractor is also aware of this obligation to declare as part of his services to you.
To enable us to commence our design services, we require you to confirm below that you are aware of your duties. If you have any questions or would like to discuss the above information, then please do not hesitate to contact me.
In the meantime, you can find more guidance regarding your client duties here:
https://www.legislation.gov.uk/uksi/2023/911/regulation/6/made