Navigating the BRPD Regime — Compliance, Risk & Opportunity

With the advent of new dutyholder obligations under the Building Safety Act 2022 and associated amendments to the Building Regulations, the role of Building Regulations Principal Designer (BRPD) is now central to design-stage compliance in England. For design firms, clients, and project teams alike, understanding BRPD obligations and integrating compliance into your processes is no longer optional - it’s essential.

In this insight, we explore:

• What the BRPD role is (and is not)

• Key compliance challenges under the regime

• Best practices for design teams and clients

• How LRAR (or external compliance support) can add value

What Is the BRPD & Why It Matters

• The BRPD is a statutory dutyholder introduced via Part 2A of the Building Regulations 2010, as amended under the new regime.

• Its core function: plan, manage and monitor design work so that the completed building can comply with the relevant requirements of the Building Regulations.

• Unlike the CDM (Construction Design & Management) Principal Designer (which focuses on health & safety), the BRPD has a sharper regulatory remit - ensuring compliance with all applicable Building Regulation Parts (fire safety, structure, energy, access, etc.).

• Where projects qualify as Higher-Risk Buildings (HRBs), additional obligations kick in - particularly around the Golden Thread, change control, occurrence reporting, and tighter documentation rules.

• The RIBA BRPD PSC (Professional Services Contract) has been published to reflect the new regime and offer a standard appointment form tailored to BRPD duties.

  
  

Because the BRPD is a legal dutyholder, failure to properly discharge its responsibilities can result in compliance rejection, project delays, reputational damage, or regulatory enforcement.

Key Compliance Challenges & Risks

1. Competency and Appointment Clarity

   • Regulation requires that the BRPD must be competent for the project in question. The BRPD must assess its own competence and notify the client if it ceases to meet the required standard.

   • Contracts must clearly define scope, interfaces with other dutyholders, change control, and limits of liability.

   • In practice, many bespoke contracts try to push onerous obligations onto the BRPD beyond statutory requirements.

     
     

2. Golden Thread & Documentation Obligations

   • BRPD must maintain robust “golden thread” information: a continuous, auditable record of design decisions, changes, rationales, compliance evidence, and handover data.

   • For HRBs, continuous access and archive provision of golden thread data is required.

   • Inadequate documentation is a common failure point in compliance reviews.

     
     

3. Change Control & Design Evolution

   • As designs evolve, the BRPD must assess the impact of each change on compliance, re-run gap analyses, and document that impact, ensuring traceability.

   • Late changes, or changes made without due oversight, can break compliance chains and expose liability gaps.

     
     

4. Coordination Across Disciplines / Duties

   • The BRPD must coordinate with other designers (fire engineers, structural, services, etc.), ensuring that all design inputs remain aligned with regulatory requirements.

   • The client is obliged to “take all reasonable steps” to ensure competence across the design team.

   • Poor collaboration or delayed inputs can cascade into design non-compliance.

     
     

5. Gateway Approvals & Regulator Scrutiny

   • The BRPD must support the Gateway 2 submission (for HRBs) with a robust regulatory compliance package - declarations, compliance statements, design risk logs, etc.

   • Projects that fail to meet regulator expectations risk rejection, redesign demands, or delays.

     
     

6. Liability & Contractual Risk

   • The RIBA BRPD PSC assumes the BRPD does not warrant compliance with project programme or cost, and limits its duty to use “reasonable skill, care & diligence.”

   • However, many clients will push for further warranties or broad liabilities - which must be negotiated carefully.

   • The regime is still maturing - legal clarity and case law are evolving; BRPDs and clients alike must remain agile.

     
     

7. Best Practices for BRPD-Led Compliance

   To manage risk and deliver value, design teams and clients should adopt a rigorous compliance framework. Below are recommended practices:

Practice	Description	Benefit / Risk Mitigated
Early Appointment & Onboarding	Engage the BRPD from concept stage so compliance is embedded from the start	Reduces the need for redesigns, gives time for gap analyses
Regulatory Gap Analysis & Compliance Strategy	At outset, map design concept vs. regulation, identify likely non-compliances or trade-off risks	Creates a roadmap, prevents surprises
Defined Change Control Process	Maintain strict procedure to assess, approve, record change implications	Preserves traceability and auditability
Robust Documentation “Golden Thread” System	Use a structured Common Data Environment (CDE) and version control + audit trail	Supports regulatory review, handovers
Regular Compliance Reviews / Workshops	Quarterly or phase-gate compliance check-ins with design team and client	Surface issues early, avoid misalignment
Defined Interfaces & Roles	Clarify duty boundaries in contract, e.g. who delivers energy model, fire strategy, structural load resiliency	Prevents responsibility overlap or gaps
Contractual Risk Allocation	Use tailored terms (e.g. RIBA BRPD PSC as baseline) to define liabilities, limits, indemnities	Keeps liability exposure within manageable bounds
Continuous Professional Development	Keep abreast of regulatory updates, guidance changes, case examples	Ensures the BRPD remains competent and current
Engage External Compliance Review	Independent audits or peer reviews can validate assumptions and provide “fresh eyes”	Reduces blind spots, bolsters confidence

Where LRAR’s Compliance Team Adds Value

At LRAR, while our core focus is investigations, risk, and compliance advisory, we are uniquely placed to bring rigour into the BRPD / building regulation compliance landscape. Here’s how LRAR (or an external compliance partner) can augment your compliance delivery:

• Compliance Audit / Assurance Reviews - Provide independent review of your BRPD approach, compliance evidence, change log, documentation trail - essentially a “health check” to flag gaps before formal submissions.

• Contractual & Risk Advisory - Help negotiate or review BRPD appointment terms, assess indemnities, define liability ceilings or carve-outs, and align legal clarity with technical obligations.

• Process Design & Quality Assurance - Support setting up procedural workflows (change control, compliance checklists, design review protocols) - applying compliance discipline from day one.

• Training & Upskilling - Run CPD sessions or workshops for design teams and clients on BRPD roles, obligations, documentation best practice, and regulatory updates.

• Incident / Non-Compliance Forensics - In the event of non-compliance, audits, or regulatory challenge, LRAR’s investigative strength helps reconstruct decision trails, assess root causes, and provide defensible narratives.

• Ongoing Compliance Monitoring - Periodic check-ins or certification assessments to ensure design evolution remains within compliance boundaries.

  
  

By integrating robust compliance support with the technical design workflow, the risk of regulatory setbacks is reduced, and the client benefits from clarity, continuity, and defensibility.

Final Thoughts

The BRPD regime is both a challenge and an opportunity. For design practices, it demands greater discipline, transparency, and accountability - but also positions the BRPD (or compliant design firms) as trusted guardians of regulatory integrity. For clients and project teams, appointing a competent BRPD early, and supporting them with clear interfaces, robust documentation and risk allocation, is non-negotiable.

At LRAR, we believe compliance should be an enabler, not a barrier. When technical design, regulatory insight, contractual clarity, and forensic discipline align, you reduce project risk, accelerate approvals, and build trust in what you deliver.

Contact LRAR

📍 24 Windlesham Road, Brighton, BN1 3AG

🌐 www.lrar.co.uk

✉️ studio@lrar.co.uk  

☎ 01273 446 890