The Construction (Design and Management) Regulations 2015
The Construction (Design and Management) Regulations 2015 (“CDM 2015”) came into force on the 06 April 2015.
The previous Construction (Design and Management) Regulations 2007 (“CDM 2007”) will no longer apply.
It is therefore essential that everyone in the Construction Industry is aware of the major significant changes that CDM 2015 will introduce.
Key Changes are as follows :-
1. No more CDM Co-ordinators?
The biggest change introduced by CDM 2015 is that the role of the CDM Co-ordinator has been abolished and Clients must now appoint a “Principal Designer” on any Project involving, or anticipated to involve, more than one Contractor. As the definition of “Contractor” includes Sub-contractors, then the vast majority of Projects will require a Principal Designer. The Principal Designer is required to be the Designer with control over the pre-construction phase of the Project. On many Projects, the Principal Designer could be either an Architect or Project Manager due to the fact that the definition of “Designer” is quite wide ranging. The Client must therefore make sure that the Principal Designer is competent enough to be able to fulfil the roles of both the Principal Designer and Architect or Project Manager.
2. Domestic Projects
CDM 2015 applies to any Client for whom a Project is being carried out which is not in the course of its business. This means that CDM 2015 will apply to domestic Clients and compliance will be relevant regarding small domestic extensions and refurbishment Projects which had previously been exempt under the CDM 2007.
3. Role of the Client
The role of the Client on domestic Projects is to be fulfilled by the Contractor (on a single Contractor Project), the principal Contractor (on a multiple Contractor Project) or the principal Designer (where he has agreed to do so in writing).
This will therefore, minimise the burden on domestic Clients who cannot reasonably be expected to have the knowledge or experience to carry out their CDM responsibilities.
4. Changes to the notification requirements regarding the HSE
Under CDM 2015, the responsibility of notification to the HSE is the responsibility of the Client.
The requirements for notification have also changed in that a Project is notifiable if the construction work on Site is scheduled to :-
- last longer than 30 working days and have more than 20 workers working simultaneously at any point during the Project; or
- exceed 500 person days.
Therefore, the criteria contained within the CDM 2015 is likely to reduce the number of notifiable Projects.
5. Construction phase Plan
Under CDM 2015, a Construction phase Plan is always required and where the Project involves only one Contractor (no Principal Contractor has been appointed), the Construction phase Plan must be drawn up by the Contractor.
6. Approved Code of Practice
The Approved Code of Practice (which accompanies CDM 2007), is being revoked and is being replaced with the HSE Legal (L) Series Guidance.
7. Transitional Arrangements
For Projects that are live, there will be a transition period running from 06 April 2015 until 06 October 2015.
On Projects where a CDM Co-ordinator has already been appointed, the Client has until 06 October 2015 to replace its CDM Co-ordinator with a Principal Designer.
8. Contractual Changes
CDM Co-ordinator appointment documents will no longer be required and standard design Consultant appointments will need to be amended to cater for the possibility of a Designer being appointed as a “Principal Designer”.
The JCT have issued a supplementary amendment for CDM 2015, which will be incorporated into all Contracts where work will commence from the 06 April 2015.
In conclusion, you must make sure that all your documentation is brought up to date and if you have already appointed a CDM Co-ordinator on a Project then you must make sure that he or she is replaced with a Principal Designer by the 06 October 2015.
At Vincents Solicitors, we have the experience to provide you with the necessary Legal advice regarding the complex issues relating to the CDM 2015 and can make the transition from the CDM 2007 over the CDM 2015 a lot easier for you and your Business.
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