The CDM Regulations have changed – are you compliant?
As of 6th April 2015, the Construction (Design and Management) Regulations 2007 were replaced by the Construction (Design and Management) Regulations 2015.
The new Regulations are intended to improve the planning and management of projects from the outset and to be less bureaucratic than the 2007 Regulations.
We have summarised the changes to be aware of and what you should do to ensure that you are compliant with the Construction (Design and Management) Regulations 2015.
The notification threshold has changed and moving forward HSE will need to be notified about projects exceeding 500 person days or “longer than 30 working days” with “more than 20 workers working simultaneously”. This is intended to reduce the number of notifiable projects.
Notification no longer triggers additional duties
The notification threshold no longer triggers additional duties. Instead, additional duties are required when there is more than one “Contractor” working on the project. So, for example, a principal contractor must be appointed where there is more than one Contractor on a project as opposed to when the project is notifiable.
Removal of the CDM Co-ordinator and introduction of the Principal Designer
A major change is the removal of the CDM Co-ordinator role and the introduction of the new Principal Designer role. Again, having more than one Contractor triggers the appointment of the Principal Designer and the new Regulations set out the required duties.
Approved Code of Practice abolished and replaced with new guidance
The Approved Code of Practice has been abolished and replaced by new shorter guidance, which will hopefully encourage greater compliance.
Written Construction Phase Plans for all projects
Written Construction Phase Plans will now be required for all construction projects instead of only notifiable projects, which may mean additional work on small projects where such detail has not been previously required.
Domestic Clients are now subject to the 2015 Regulations
The Regulations now apply to all “Clients”, namely “any person” for whom a construction project is carried out. This is not as onerous as it sounds because domestic clients will be able to delegate the majority of their duties to a Principal Designer or Principal Contractor. Default provisions have also been put in place if a domestic Client fails to make the relevant appointments.
Whilst the CDM 2015 came into force on 6th April 2015, there are transitional arrangements in place that will run for six months from 6th April 2015 to 6th October 2015. These are as follow:
The transitional arrangements are for projects that will be underway on 6th April 2015 and which will continue beyond that date.
If, on 6th April 2015, the Client has already appointed a CDM Co-ordinator, he/she must appoint a Principal Designer by 6th October 2015 and, prior to that, the CDM Co-ordinator can continue to fulfil the duties required by them.
Where a CDM Co-ordinator has not yet been appointed, the requirements of the transitional provisions in relation to the appointment of a Principal Designer distinguish between projects where the construction phase has not yet started and those where it has.
By 6th October 2015, all projects must comply with CDM 2015.
CDM Update Seminars
To find out more about the CDM Regulations 2015 and how the changes will impact you, book onto one of our CDM Update Seminars. These sessions explain the CDM Regulations and how they will affect the various duty holders as well as the changes you need to make to help you plan and manage your work and meet your legal responsibilities.
You can also contact us to speak to one of our expert construction consultants for further help in understanding your responsibilities under the new Regulations and to find out about the services that we can offer to support you.