Who must appoint a principal designer and a principal contractor?
Under the CDM Regulations 2015, where more than one contractor will work on a project, the client appoints a principal designer and a principal contractor in writing before the construction phase begins. The principal designer manages health and safety in the pre-construction phase. The principal contractor manages it in the construction phase, with a site induction and welfare facilities.
The appointments, and what each role carries
Required where there is more than one contractor, or it is reasonably foreseeable that more than one will work on the project at any time. The principal designer must be a designer with control over the pre-construction phase; the principal contractor must be a contractor. The principal designer runs the pre-construction phase, the principal contractor runs the construction phase, and every contractor works to their directions.
| Duty | Window and section | If missed |
|---|---|---|
| Where more than one contractor will work on the project, appoint in writing a principal designer and a principal contractor, as soon as is practicable and before the construction phase begins | none set'As soon as is practicable' and 'before the construction phase begins', with no day count, so no window is recorded.reg 5(1)-(4) | an offenceLapsed compliance |
| As principal designer, plan, manage, monitor and coordinate health and safety in the pre-construction phase, and liaise with the principal contractor for the whole appointment | none setA standing duty for the appointment, with no day count, so no window is recorded.reg 11(1)-(7) | an offenceLapsed compliance |
| As principal contractor, plan, manage, monitor and coordinate health and safety in the construction phase, provide a site induction, keep unauthorised people off site and provide welfare facilities | none setA standing duty for the construction phase, with no day count, so no window is recorded.reg 13(1)-(5); Sch 2 | an offenceLapsed compliance |
| Accept an appointment as designer or contractor only with the skills, knowledge, experience and organisational capability the role needs, and check the same of anyone you appoint | none setBefore the appointment, with no day count, so no window is recorded.reg 8(1)-(3), 15(7) | an offenceLapsed compliance |
| As a contractor, start work only once satisfied the client knows its duties and the site is secured, follow the principal designer's and principal contractor's directions and the plan, and supervise, instruct and induct every worker | none setBefore starting work, with no day count, so no window is recorded.reg 15(1)-(3), 15(8)-(11) | an offenceLapsed compliance |
| As principal contractor, make and keep arrangements for workers to cooperate on health, safety and welfare, consult them in good time, and let them inspect and copy the health and safety information held | none set'In good time', with no day count, so no window is recorded.reg 14 | an offenceLapsed compliance |
| As client, make suitable arrangements for managing the project, including enough time and resources, and maintain and review them throughout | none setA standing duty with no day count, so no window is recorded.reg 4(1)-(3), 4(6), 4(8) | an offenceLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Where more than one contractor will work on the project, appoint in writing a principal designer and a principal contractor, as soon as is practicable and before the construction phase begins
reg 5(1)-(4) · none set · an offence
- Binds the client.
- Required where there is more than one contractor, or it is reasonably foreseeable that more than one will work on the project at any time.
- The principal designer must be a designer with control over the pre-construction phase; the principal contractor must be a contractor.
- A client that fails to appoint must carry out the principal designer's duties (regs 11, 12) or the principal contractor's (regs 12 to 14) itself (reg 5(3), (4)); for a domestic client the designer and contractor in control take the roles instead (reg 7(2)).
As principal designer, plan, manage, monitor and coordinate health and safety in the pre-construction phase, and liaise with the principal contractor for the whole appointment
reg 11(1)-(7) · none set · an offence
- The principal designer must take account of the general principles of prevention, identify and eliminate or control foreseeable risks so far as is reasonably practicable, ensure every designer complies with reg 9, ensure everyone in the pre-construction phase cooperates, help the client provide pre-construction information, and share with the principal contractor what is relevant to the construction phase (reg 11(7)).
- Binds a contractor that takes the role, or a client that fails to appoint one (reg 5(3)).
- This is the CDM principal designer only; any other instrument that uses the same title was not read.
As principal contractor, plan, manage, monitor and coordinate health and safety in the construction phase, provide a site induction, keep unauthorised people off site and provide welfare facilities
reg 13(1)-(5); Sch 2 · none set · an offence
- The principal contractor must also organise cooperation between contractors, coordinate their compliance with health and safety law, ensure employers apply the general principles of prevention and follow the construction phase plan (reg 13(3)), and liaise with the principal designer for the whole of its appointment (reg 13(5)).
- Schedule 2 sets the minimum welfare facilities (toilets, washing, drinking water, changing rooms and lockers, rest facilities), provided throughout the construction phase (reg 13(4)(c)).
- Binds a client that fails to appoint a principal contractor (reg 5(4)).
Accept an appointment as designer or contractor only with the skills, knowledge, experience and organisational capability the role needs, and check the same of anyone you appoint
reg 8(1)-(3), 15(7) · none set · an offence
- Organisational capability applies where the appointee is an organisation (reg 8(1)).
- A person who appoints a designer or contractor must take reasonable steps to satisfy itself of this (reg 8(3)), which binds a principal contractor appointing subcontractors.
- A contractor must not employ or appoint a person to work on site unless they have, or are obtaining, the skills, knowledge, training and experience for their tasks (reg 15(7)).
As a contractor, start work only once satisfied the client knows its duties and the site is secured, follow the principal designer's and principal contractor's directions and the plan, and supervise, instruct and induct every worker
reg 15(1)-(3), 15(8)-(11) · none set · an offence
- Binds every contractor, including subcontractors.
- Where there is more than one contractor, each must comply with directions from the principal designer or principal contractor and with the parts of the construction phase plan relevant to its work (reg 15(3)).
- Worker information must include a site induction where the principal contractor has not provided one, emergency procedures, and the risks from its own and other contractors' work (reg 15(9)).
As principal contractor, make and keep arrangements for workers to cooperate on health, safety and welfare, consult them in good time, and let them inspect and copy the health and safety information held
reg 14 · none set · an offence
- Consultation is on matters connected with the project that may affect workers' health, safety or welfare, so far as their employer has not already consulted them (reg 14(b)).
- Information that may be withheld includes anything against national security, information about an individual without their consent, commercially damaging information and information obtained for legal proceedings (reg 14(c)(i)-(v)).
As client, make suitable arrangements for managing the project, including enough time and resources, and maintain and review them throughout
reg 4(1)-(3), 4(6), 4(8) · none set · an offence
- Arrangements are suitable if the work can be carried out, so far as is reasonably practicable, without risk to health or safety, and the Schedule 2 welfare facilities are provided.
- The client must also take reasonable steps to ensure the principal designer and principal contractor carry out their duties (reg 4(6)).
- Where there is more than one client, they may agree in writing which of them is treated as the client (reg 4(8)).
What the duty holders do next
The client notifies the HSE of a notifiable project, the principal contractor draws up the construction phase plan, and the principal designer prepares the health and safety file. On a project for a domestic client, the client's duties pass to the contractor or the principal designer.
What this page is, and is not
It is the section text this library holds for England, from The Construction (Design and Management) Regulations 2015 (Great Britain), Housing Grants, Construction and Regeneration Act 1996, Part II (Construction Contracts) and The Scheme for Construction Contracts (England and Wales) Regulations 1998, as amended for England, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Regulations, the Act, the Scheme and the contract you signed.
Demiton does not yet track English projects. These pages set out the duties; the product does not run these checks on an English job today.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.