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Construction (Design and Management) Regulations 2015

Summary of the Regulations

The Construction (Design and Management) Regulations 2015 [CDM 2015] apply to all construction work whether commercial or domestic.

Where there is, or may be, more than one contractor working on a project at any time, the client must appoint a Principal Designer [PD] and Principal Contractor [PC].

Clients must appoint a Principal Designer and Principal Contractor on all projects where there is or may be more than one contractor.

CDM 2015 is drafted to make client and designer prosecutions easier. Duty holder ‘must’ carry out most duties. It is generally only the effect of actions which is tempered by the phrase ‘so far as is reasonably practicable’.

If architects and designers have the Principal Designer role added to their services an audit and review process will be vital to monitor the process is happening.

To download a client guide please click here

To download a guide for potential Principal Designers please click here

To download a flowchart which shows how the new regulations will work in practice please click here

To speak to somebody about how we can assist you with your duties under CDM 2015 please contact Mark Snelling on 01372 462277 or email us

Domestic Clients

The new regulations will apply to domestic clients. These duties are howevercarried out by:

the contractor for a project where there is only one contractor;

the principal contractor for a project where there is more than one contractor; or

the principal designer where there is a written agreement that the principal designer will fulfil those duties.

Clients

Under CDM 2015 the client must "where there is, or may be, more than one contractor" appoint in writing, as soon as practicable, a Principal Designer and a Principal Contractor.

In effect this means that a Principal Designer and a Principal Contractor will be required on all commercial construction projects including repair and maintenance operations involving more than one contractor.

Under CDM 2015 the client must make arrangements for managing a project, including the allocation of sufficient time and other resources, that are suitable to allow persons with a duty under the Regulations to ensure that:

construction work is carried out so far as is reasonably practicable without risk to the health and safety of any person;

the minimum welfare standards are complied with.

The duty to plan, manage, monitor and coordinate the pre-construction phase of a project is absolute, it is only the duty to ensure that construction work is carried out without risk that is subject to being reasonably practicably.

CDM 2015 requires the client to provide pre-construction information to each designer and contractor who is or might be engaged by the client in relation to a project.

Unlike in CDM 2007 where the CDM Co-ordinator was the client's advisor and must:

give suitable and sufficient advice and assistance to the client on undertaking the measures he needs to take to comply with the Regulations;

take all reasonable steps to identify and collect the pre-construction information;

under CDM 2015 the Principal Designer must only ensure that assistance is provided to the client in the preparation of the pre-construction information. However the duty to advise is passed to designers who must "not commence work in relation to a project unless satisfied that the client is aware of the client duties under these Regulations" however there is no duty for the Principal Designer or Designers to advise the client.

Under CDM 2015, if the advice given by the Principal Designer or the company they recommend is poor, the client cannot automatically use compliance with this advice to demonstrate compliance with their duties.

CDM 2015 requires the client to take reasonable steps to ensure that the arrangements are maintained and reviewed throughout the project. The client must also ensure that the Principal Designer and Principal Contractor comply with their duties.

We cannot see how this can be achieved without formal periodic reviews and compliance auditing.

Given the significance of the client's duties it would seem sensible for clients to have or appoint CDM Advisers to:

advise them on their duties;

advise on the required pre construction information document;

verify that Principal Designers and Principal Contractors have suitable arrangements; and

review the arrangements at relevant periods;

audit Principal Designers and Principal Contractors.

Although the HSE clearly do not intend this to be the outcome, we cannot see why a professional client would not do so given the risks they would be exposed to if any duty holder failure could be traced back to their action or inaction.

The Principal designer

Where there is, or may be, more than one contractor the client must appoint in writing, as soon as practicable, a Principal Designer.

A "Principal Designer" is the designer in control of the pre-construction phase.

A Principal Designer must plan, manage, monitor and coordinate the preconstruction phase of a project, to ensure that:

the project is, so far as is reasonably practicable, carried out without risks to health or safety;

foreseeable risks to the health or safety of those constructing, cleaning, maintaining or using a structure are identified and, so far as is reasonably practicable, eliminated or controlled; and

designers comply with their duties.

The "pre-construction phase" is any period of time during which design or preparatory work is carried out for a project. It can, and usually will last until the end of the construction phase.

The duty to plan, manage, monitor and coordinate the pre-construction phase of a project is absolute, it is only the duty to identify, avoid or reduce risk which is subject to being reasonably practicably.

A Principal Designer assist the client in the preparation of the pre-construction information and ensure that the information is promptly provided in a convenient form to designers and every contractor who has been or may be appointed by the client.

The Principal Designer must also ensure that a health and safety file is prepared but once again does not need to do this themselves.

Their final duties are to ensure the cooperation of all persons working on the project and liaison with the Principal Contractor for the duration of the project.

They must in particular liaise with the Principal Contractor regarding any information which they may need to prepare the construction phase plan or which may affect the planning and management of the construction work.

Duties of the Principal Contractor

Under CDM 2015 the Principal Contractor must plan, manage, monitor and coordinate the construction phase to ensure that, so far as is reasonably practicable, construction work is carried out without risks to health or safety.

A construction phase plan must be drawn up by the Principal Contractor and is required on all projects where there is a Principal Contractor appointed.

General Requirements for all Construction Sites

The general requirements under CDM 2015 remain fundamentally the same as those set out in Part 4 of CDM 2007.

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