Building safety duties for designers

The Principal Designer role under BSA 2022

Every project involving more than one contractor must have a Principal Designer appointed in writing by the client under the building regulations dutyholder regime - this is not limited to higher-risk buildings. This role is distinct from (though may overlap with) the CDM Principal Designer role under the Construction (Design and Management) Regulations 2015. On higher-risk building projects the Principal Designer carries additional duties tied to the gateway and golden thread regime.

The Principal Designer under BSA 2022 has specific duties related to building safety - particularly fire and structural safety - throughout the design phase. This role cannot be delegated, though the Principal Designer can (and usually must) coordinate with other designers on the project.

Who can be Principal Designer?

The Principal Designer must be a designer with control over the pre-construction phase of the project. In practice, this is typically:

• Architects with lead design responsibility and BSA 2022 competence
• Multi-disciplinary design practices with the resources to coordinate all design disciplines
• Large contractors with in-house design capability (for design-and-build contracts)
• Project managers or lead consultants who also have design control

The key test is whether the organisation has both design control and the competence to manage building safety during design. A project manager without design expertise cannot be Principal Designer.

When must appointment happen?

The client must appoint a Principal Designer as soon as practicable, and in any event before the Gateway 2 application is submitted. In practice, early appointment is essential - the Principal Designer needs time to:

• Establish the golden thread information management system
• Coordinate with other designers on fire and structural safety
• Ensure design work addresses Building Regulations requirements
• Prepare documentation for Gateway 2 submission

Late appointment undermines the whole purpose of the role and may result in inadequate design coordination.

Competence requirements for designers

The Building Safety Act requires all designers working on higher-risk buildings to be competent. This is not a vague aspiration - it is a legal requirement that you must be able to demonstrate.

Competence means having the skills, knowledge, experience, and behaviours to perform your role safely and effectively. For designers, this includes:

• Technical knowledge of Building Regulations, fire safety design, and structural safety relevant to your discipline
• BSA 2022 knowledge - understanding the gateway regime, golden thread requirements, and your legal duties
• Experience of designing higher-risk buildings or equivalent complex residential projects
• Behaviours including commitment to safety, willingness to challenge unsafe proposals, and professional integrity

Demonstrating competence

You may be asked to demonstrate competence when:

• Tendering for higher-risk building projects
• Being appointed as Principal Designer
• The Building Safety Regulator inspects a project
• Something goes wrong and your competence is questioned

Keep records of your relevant qualifications, training, CPD, and project experience. Professional body membership (such as RIBA, IStructE, CIBSE, or IFE) provides evidence of baseline competence, but you must also demonstrate BSA 2022-specific knowledge.

Your duties during the design phase

As a designer working on a higher-risk building, you have legal duties regardless of whether you are the Principal Designer or not.

All designers must:

• Cooperate with other designers and duty holders - share information, coordinate your work, and flag safety concerns
• Take account of fire and structural safety in your design work - not just compliance with Building Regulations, but genuine consideration of how your design affects building safety
• Provide information to the Principal Designer for the golden thread - your design decisions, supporting evidence, and changes must all be captured
• Report safety concerns - if you identify something that could affect building safety, you must raise it with the Principal Designer

Principal Designer additional duties:

• Plan, manage and monitor design work to ensure it is carried out in compliance with Building Regulations
• Coordinate design work across all disciplines, ensuring fire and structural safety is properly considered
• Establish and maintain the golden thread during the design phase
• Liaise with the Building Safety Regulator as required, including responding to information requests
• Prepare Gateway 2 submission materials including design documentation, fire safety strategy, and compliance statements
• Sign the Gateway 3 application confirming design duties have been discharged

Golden thread responsibilities during design

The 'golden thread' is the digital record of building information that must be created and maintained throughout the building's lifecycle. For designers, this means your design decisions, supporting evidence, and changes must all be captured in a structured, accessible format.

What designers must contribute to the golden thread

During the design phase, the golden thread must include:

• Design drawings and specifications - architectural, structural, mechanical, electrical, and fire safety designs
• Design decisions and reasoning - why you chose particular approaches, materials, or systems (the 'design intent')
• Fire safety strategy - how the building is designed to prevent fire spread and enable safe evacuation
• Structural safety information - load calculations, structural design criteria, and safety factors
• Competence declarations - evidence that designers and other duty holders are competent
• Change control records - any changes to the design, who authorised them, and why

This is not just administrative burden - it is evidence that your design work was properly considered and coordinated. If something goes wrong later, the golden thread is where investigators will look.

Format and accessibility requirements

Golden thread information must be:

• Digital - paper records alone do not comply
• Accessible - available to those who need it, when they need it
• Plain English - not just technical jargon that only specialists can understand
• Version controlled - with audit trail showing changes and who made them
• GDPR compliant - personal data must be handled lawfully

The Principal Designer is responsible for establishing the golden thread system and ensuring all designers contribute appropriately. If you are contributing design information, provide it in the format requested and flag any concerns about how information is being managed.

Coordinating with other designers

Higher-risk buildings involve multiple design disciplines. The Principal Designer must coordinate this work, but effective coordination requires cooperation from all designers involved.

Key coordination points

• Fire safety strategy - the fire engineer's strategy must align with architectural layouts, structural design, and building services. Conflicts must be resolved early, not discovered at Gateway 2.
• Structural fire protection - structural engineers and fire engineers must agree on fire protection requirements for structural elements.
• Compartmentation - architects, structural engineers, and services engineers must coordinate to ensure fire compartmentation is not compromised by penetrations, service routes, or structural connections.
• Means of escape - the escape strategy must be reflected in architectural layouts, with appropriate fire and smoke protection, signage, and emergency lighting.
• Facade design - the cladding specification must address fire safety, with input from fire engineers, structural engineers, and facade specialists.

The Principal Designer chairs design coordination meetings, but all designers must attend, contribute, and raise concerns. Silence is not acceptable - if you see a potential safety issue, you must flag it.

Gateway 2 submission role

Gateway 2 is the pre-construction approval checkpoint. The client cannot start construction work on a higher-risk building until the Building Safety Regulator has approved the Gateway 2 application. Starting work without approval is a criminal offence.

Designer responsibilities at Gateway 2

The Principal Designer plays a central role in Gateway 2:

• Prepare design documentation demonstrating compliance with Building Regulations
• Compile the fire safety strategy in coordination with the fire engineer
• Provide competence declarations confirming designers are competent for their roles
• Submit golden thread information covering the design phase
• Respond to BSR queries during the assessment period (at least 12 weeks)

All designers must provide information to support the Gateway 2 submission. If the BSR requests additional information or clarification, designers may need to provide responses within tight timescales.

Change control after Gateway 2

Once Gateway 2 is approved, any changes to the design must be managed through a formal change control process:

• Major changes (affecting building safety or compliance) require BSR approval before work can proceed
• Notifiable changes must be notified to the BSR before work starts
• All changes must be recorded in the golden thread with reasons and authorisation

Design changes during construction are normal, but under the BSA regime they require formal management. Designers must work with the Principal Contractor to ensure changes are properly assessed and recorded.

Gateway 3 signatory role

Gateway 3 is the completion checkpoint. Before anyone can occupy the building, the Building Safety Regulator must issue a completion certificate under the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023. (This is separate from the Building Assessment Certificate, which the Principal Accountable Person applies for during occupation when directed by the regulator.) The completion certificate application requires sign-off from multiple duty holders, including the Principal Designer.

What the Principal Designer must sign

The Principal Designer (or someone acting on their behalf with appropriate authority) must sign a declaration confirming that:

• The design work was planned, managed, and monitored to ensure Building Regulations compliance
• Design duties under the Building Safety Act have been discharged
• Design information has been provided to the Principal Contractor for the golden thread
• The golden thread reflects what was actually designed

This is a personal declaration with legal weight. Signing falsely is a criminal offence. Before signing, you must be satisfied that the design work genuinely complied with requirements.

If the Principal Designer changes during the project

On long projects, the Principal Designer may change during design or construction. If you take over as Principal Designer partway through:

• Review the golden thread information inherited from your predecessor
• Satisfy yourself that previous design work was properly coordinated
• Document any gaps or concerns you identify
• Take responsibility only for work under your control, but flag historic issues

You cannot sign the Gateway 3 declaration for work you did not oversee. Arrangements must be made for the appropriate person to sign for each phase of design work.

Personal liability considerations

The Building Safety Act creates criminal offences that can result in prosecution of individuals, not just companies. As a designer, you have personal exposure if things go wrong.

How designers can be personally liable

Designers can face personal prosecution for:

• Failing to cooperate with the Principal Designer or other duty holders
• Failing to take account of fire and structural safety in design work
• Providing false information in gateway applications or the golden thread
• Signing false declarations at Gateway 2 or Gateway 3
• Consent, connivance, or neglect where a corporate body commits an offence and you were a responsible officer

If you are a director, partner, or senior manager of a design practice, you can be prosecuted alongside the company if an offence was committed with your consent, connivance, or due to your neglect. The corporate veil does not protect you.

Protecting yourself

• Only accept work you are competent to do - decline higher-risk building projects if you lack BSA 2022 knowledge
• Document everything - keep records of your design decisions, the evidence supporting them, and any concerns you raised
• Challenge unsafe proposals - do not stay silent if you see potential safety issues; raise them in writing
• Check your PI insurance - ensure your professional indemnity cover addresses BSA 2022 duties
• Get proper training - BSA 2022 competence requires specific knowledge; generic CPD is not enough

Checklist for designers on higher-risk building projects