A missed hazard during the design phase might seem minor, but it can have serious consequences. For designers working under the Construction (Design and Management) Regulations 2015 (CDM 2015), failing to identify or control foreseeable risks can lead to legal liability if things go wrong on site or later in the building’s life.
Why Design Risk Management Matters
Designers have a clear duty under CDM 2015 to eliminate, reduce and control risks through design – a process known as Design Risk Management (DRM). This isn’t just about compliance; it’s about protecting workers, future users, and the integrity of your design.
A proactive approach means thinking beyond the drawing board – considering how every decision affects those who build, use, and maintain the structure. A well-managed design considers:
The HSE defines a designer as anyone whose work influences how a construction project is built or maintained. This includes architects, engineers, and quantity surveyors but it can also extend to specialist contractors, tradespeople, and even clients who make design decisions.
If your work affects how something is constructed, you are classed as a designer under CDM and share in the responsibility for managing design-related risks.
🔗For full guidance, see the HSE’s advise for designers.
Your Key Duties as a Designer
Before starting design work, you must ensure the client understands their CDM duties. Then, you must:
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Take into account any pre-construction information provided
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Eliminate foreseeable health and safety risks where possible
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Reduce or control remaining risks that can’t be eliminated
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Provide design information to the principal designer, client, and contractors
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Coordinate and cooperate with others to ensure compatibility and safety
When Things Go Wrong: Liability and Negligence
If a hazard is missed and it leads to an accident or costly defect, a designer could face liability for professional negligence or breach of contract.
Courts typically look at:
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Duty of care – Did the designer apply “reasonable skill and care”?
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Contract terms – Was there a “fit for purpose” clause?
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Causation – Did the design directly contribute to the problem?
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Client approval – Was the client warned about known risks?
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Design vs workmanship – Was the fault in the design or in how it was built?
When these duties are not met, the impact can be significant. While contractors are responsible for workmanship, designers are accountable for the safety and integrity of their designs. When design risks are missed, the consequences can go far beyond legal liability. Poorly considered designs can lead to accidents on site, costly delays, rework, and enforcement action – all of which can damage client relationships and professional reputation. If found negligent, a designer could face claims to cover rectification costs, damages, and project delays, and in serious cases, their professional indemnity insurance may not cover the full extent of the losses.
Designing for Prevention
The HSE’s General Principles of Prevention and RAG (Red-Amber-Green) Lists are valuable tools for managing design risk. They help designers avoid unnecessary hazards, promote safer construction methods, and think ahead about long-term maintenance.
Even small design decisions, like providing safe access for plant maintenance or avoiding fragile roof lights, can make a major difference to safety outcomes and liability exposure.
A proactive approach to design risk management protects both people and projects. By building safety into every design decision and working closely with the wider team, designers can meet their duties, reduce liability, and create safer sites from the start.
Get in touch with our team to see how we can help make your next project safer, compliant, and more efficient from day one.
