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CHANGES TO THE CDM REGULATIONS
WHAT DEELOPERS NEED TO NOW
INTRODUCTION Transitional pro isions mean CDMCs appointed efore 6 April
The Construction (Design and Management) Regulations 2015 2015 can remain in place on e
isting proects until the earlier
(CDM 2015) came into force on 6 April 2015 and replace the of a proect coming to an end and 5 ctoer 2015 The role ill
Construction (Design and Management) Regulations 200 hoe er disappear after this date A hrid set of oligations
(CDM 200) ill appl to CDMCs ho are retained during the transitional
period
CDM 2015 appl to ne proects and those hich are alread
undera at 6 April 2015 (although the latter ill e suect to Clients need to consider
transitional pro isions (discussed further elo))
ho should tae on the role of principal designer
There are significant changes in CDM 2015 including
the ser ices a principal designer should e reuired to
replacement of the CDM coordinator (CDMC) ith a undertae and
principal designer
for proects suect to the transitional pro isions at hat
increased client duties stage (efore 5 ctoer 2015) a principal designer should
e appointed and the CDMC remo ed
application of regulations to all construction proects
hether or not the are notifiale and or all proects commencing after 6 April 2015 a principal
designer should e appointed as soon as practicale
ne competenc reuirements
CLIENT OBLIGATIONS
The purpose of this riefing note is to highlight client duties Client oligations ha e een updated under CDM 2015 and are
under CDM 2015 hich de elopers need to get to grips ith no more onerous These include
Although CDM 2015 has een e
tended to appl to domestic Making suitable aangeents anaging a e t
clients (clients carring out ors to their on homes ut not Clients are no under an asolute oligation to put in place
in the course of a usiness) this note does not consider its suitale arrangements for managing a proect including the
application to domestic clients allocation of sufficient time and other resources nder CDM
200 a client as onl reuired to “tae reasonale steps” to
REPLACEMENT OF A CDMC WITH A PRINCIPAL DESIGNER ensure suitale arrangements ere in place
The role of CDMC has een replaced the role of principal
designer in CDM 2015 and clients should appoint a principal or the purposes of CDM 2015 arrangements ill e suitale if
designer regardless of hether the proect is notifiale the ensure that
rincipal designers are responsile for monitoring and or can e carried out so far as is reasonal practicale
coordinating design from a health and safet perspecti e ithout ris to the health or safet of an person affected
assemling preconstruction information at the outset of the the proect and
proect preparing the health and safet file and (if still in ol ed
at this stage) handing it o er to the client at the end of the minimum elfare facilities are pro ided to those carring
proect out the or
The aim of the changeo er is to put responsiilit for the A client is also under a separate asolute oligation to ensure
management and coordination of health and safet issues that arrangements are maintained and re ieed throughout the
at the heart of the design team t seems lead consultants or proect
architectsengineers ill e the most appropriate consultant
to tae on the role at least efore the ors start on site n The guidance refers to clients taing onership of
design and uild proects clients ma hoe er consider flipping these arrangements The e
press reference in the 200
the role to the main contractor once it is appointed Appro ed Code of ractice to a client eing ale to rel upon
ad ice recei ed from a CDMC (in the case of CDM 2015 this Assessing eten
ould proal e the principal designer) in maing suitale A client has to tae reasonale steps to satisf themself that
arrangements is not replicated in the CDM 2015 guidance designers and contractors (including the principal contractor
and principal designer) ha e the sills noledge and
The guidance specifies that arrangements made a e
perience and if the are an organisation the organisational
client should e proportionate to the sie of the proect and the capailit reuired to fulfil their particular role in a manner that
riss arising from the ors and should ensure that secures the health and safet of an person affected the
proect This is a slightl different oligation to the pre ious
roles functions and responsiilities of the proect team are reuirement under CDM 200 to tae reasonale steps to
clear chec that a designer or contractor as “competent”
sufficient resources and time are allocated to each stage A client has to chec that a proposed team memer has
of the proect sufficient e
perience and a good trac record in managing
health and safet riss in ol ed in construction proects n
effecti e mechanisms are put in place for team memers doing so a client is entitled to gi e due eight to memership of
to communicate and cooperate and an estalished professional od
structures are put in place to ensure that health and safet n assessing organisational capailit a client should consider
performance of designers and contractors is maintained the policies and sstems that an organisation has in place to
throughout the proect ensure compliance ith la and the resources the organisation
has to ensure that rele ant health and safet standards are
Ceatin met The guidance suggests that using A1 201
An person ith duties under CDM 2015 (including a client) preualification health and safet uestions is one a of
has to cooperate ith others oring on the proect (or on assessing organisational capailit
an adoining construction site) to the e
tent necessar for that
person to compl ith their oligations This is similar to a Pe nstu tin inatin
reuirement under CDM 200 although it is not entirel clear A client has to pro ide preconstruction information as soon as
under CDM 2015 hether the reuirement to cooperate is practicale to e er designer and contractor appointed or
applies to all oligations and duties others ma ha e or ust eing considered for appointment on a proect The principal
those in relation to CDM 2015 designer is under an oligation to assist a client ith compling
ith this reuirement
Ainting a in ial nta t an
in ial
esigne
A client is still e
pected to appoint a principal contractor As CDM 2015 clarifies that an information pro ided has to e
mentioned ao e the oligation to appoint a CDMC has een in a comprehensile form The guidance suggests that
replaced ith a reuirement to appoint a principal designer if the circumstances reuire this information ma need to e
These oligations ill appl if there is or it is reasonal translated so that it can e read and understood all those
foreseeale that there ill e more than one contractor or trade in ol ed on a proect
on site (hich ill almost alas e the case) as opposed to
the oligation under CDM 200 hich onl applied to notifiale Cnstu tin ase lan
proects As per CDM 200 a client has to ensure that a construction
phase plan is prepared the principal contractor (if appointed)
The principal contractor and (suect to the transitional efore the construction phase commences
pro isions) the principal designer ha e to e appointed as soon
as is practicale and in an e ent efore the construction f there is onl one contractor or trade on site a client is under a
phase of a proect egins As as the case under CDM 200 ne asolute oligation to ensure that that contractor prepares
if a client fails to appoint a principal contractor or principal a construction phase plan As this suggests construction phase
designer (CDMC under CDM 200) the client has to fulfil the plans are no reuired on all proects rather than ust those
rele ant role (and assumes liailit for an failure to do so) hich are notifiale (as as the case under CDM 200)
Healt an
saet ile Ntiing HSE a e t
ealth and safet files are reuired for all proects in ol ing (or t is no a client’s rather than a CDMC’s responsiilit to
anticipated to in ol e) more than one contractor or trade on site sumit a notification to the if a proect is notifiale The
rather than ust those hich are notifiale notice must include specific information and e displaed in the
construction site office here it can e read all orers
A client’s dut in relation to the health and safet file has also
changed A client has to ensure that Designs eae
iie
utsi
e Geat Bitain
The duties in relation to design prepared or modified outside
the principal designer prepares the health and safet file reat ritain are er similar to those under CDM 200 A
although this role ill transfer to the principal contractor in person (and this can include a client) ho commissions design
certain circumstances to e prepared or modified outside reat ritain is responsile
for ensuring that the o erseas organisation complies ith
the file is re ised from time to time to incorporates an ne the duties of a designer under CDM 2015 f the person
information and ho commissions it (for e
ample a consultant on ehalf of a
client) is not estalished in reat ritain then as as the case
the file is ept a ailale for inspection under CDM 200 a client has to ensure that the oligation is
complied ith
nder CDM 200 a client as simpl reuired to pro ide the
CDMC ith information in the client’s possession hich as As the o erseas designer ill not alas accept responsiilit
liel to e needed for inclusion in the health and safet file A for ensuring compliance ith local la reuirements and clients
client as also onl reuired to tae reasonale steps to eep ill seldom e ale to satisf themsel es aout such design
the health and safet file updated and a ailale for inspection clients should ensure that the design is re ieed from a health
This has een replaced ith an asolute oligation and safet perspecti e an appropriate memer of the design
team ho is ale to carr out such a re ie from a CDM
Ensuing te in ial nta t an
in ial
esigne l perspecti e This should e addressed in scopes of ser ices
it tei bligatins here rele ant
CDM 2015 reuires a client to ensure
NOTIFIABLE PROECTS
that a construction phase plan is dran up efore the CDM 2015 applies to proects hether or not the are
ors start on site (so essentiall ensure that the principal notifiale This means that
contractor or contractor complies ith this oligation) and
a construction phase plan is reuired for all proects (e en
that the principal designer prepares a health and safet file if there is onl one contractor or trade in ol ed)
for the proect
a principal contractor and principal designer should e
The latter is a ne asolute oligation on a client to mae sure appointed and a health and safet file produced for all
that another part complies ith their statutor oligations proects in ol ing (or anticipated to in ol e) more than one
contractor or trade
n addition a client has to tae reasonale steps to ensure
that the principal designer and the principal contractor compl nder CDM 200 these oligations onl applied to notifiale
ith their other oligations under CDM 2015 This is a ne proects
oligation not found in CDM 200 Clients need to consider
ho est to satisf this reuirement The threshold for notifiale proects has also een updated
a proect is notifiale if it is scheduled to last longer than
0 oring das AD ha e more than 20 orers oring
simultaneousl at an point in the proect or e
ceed 500 person
das This is a higher threshold in lim (1) than under CDM
200
TRANSITIONAL PROISIONS
Ne e ts state
n ate Ail
CDM 2015 contain transitional pro isions hich ar some of CDM 2015 appl in their entiret (and the transitional pro isions
the oligations and duties in CDM 2015 for proects alread are irrele ant)
undera at 6 April 2015 This means that
Competenc checs tender uestionnaires appointments
principal contractors appointed efore 6 April 2015 are schedules of ser ices for the proposed principal designer and
treated as principal contractors for the purposes of CDM uilding contract terms and conditions should e re ieed and
2015 updated to reflect CDM 2015
health and safet files construction phase plans and pre Pe ts un
ea as at Ail
construction information produced under CDM 200 are The appendi
to this note contains an o er ie of the position
treated as ha ing een prepared under CDM 2015 for e
isting proects post 6 April 2015 depending on the stage
the ha e reached as at 6 April
an 10 sumitted under CDM 200 satisfies the
notification reuirements under CDM 2015 n particular clients should consider hen these proects are
e
pected to complete as this ill impact upon
as mentioned ao e CDMCs appointed efore 6 April
2015 can continue (although carring out a hrid set of the scope of ser ices of an e
isting CDMC
ser ices) until the earlier of a proect coming to an end and
5 ctoer 2015 the need to replace the CDMC ith a principal designer
and the timing of an such replacement
NET STEPS
Clients should familiarise themsel es ith their re ised duties the potential e
tension of ser ices of an architect or lead
under CDM 2015 so the are in a position to compl consultant to co er the principal designer role and
A slightl different approach ill e reuired for proects hich ho should fulfill the role of principal designer once an
are undera on 6 April 2015 or hich started on or after that uilding contract has een entered into
date
CONCLUSION
f ou ould lie to discuss an of the issues considered in this
note and or ho CDM 2015 ma affect one of our proects
please do not hesitate to get in touch ith our usual contact or
ith
ANGUS DAWSON
DD (0)20 21
angusdason¡macfarlanescom
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