Caution – CDM Changes Approaching Wednesday, 4th March 2015

The existing Construction (Design & Management) Regulations 2007 regime is due to change on 6th April 2015 when the CDM 2015 regulations come into force.

The aim of the new legislation is to ensure that clients have more responsibility and also to simplify the process. There is also a change in terminology as the CDM Co-ordinator will be replaced by the Principal Designer.

Proposed changes:

• Replacement of the role of CDM co-ordinator with a new role of Principal Designer;
• Simplification of the regulations and creation of a more targeted Approved Code of Practice (ACOP);
• Division of the competence assessment into its component parts of skills, knowledge, training and experience;
• Removal of the exemption for domestic clients, but passing their CDM duties to the contractor;
• The introduction of co-ordinators (principal contractors and principal designers), in the event that more than one contractor is appointed;
• Increased responsibility for the client, including absolute obligations to perform, duty holder by default, notification duties etc.

Role of the Principal Designer:

1. Planning, managing and monitoring the pre-construction phase;
2. Ensuring that where reasonably practicable, risks are eliminated or controlled through design work;
3. Passing information to the principal contractor;
4. Ensuring co-operation and co-ordination;
5. Ensuring designers comply with their duties;
6. Assisting the client in preparing the pre-construction information;
7. Preparing the health and safety file.

This new Principal Designer has an important role in coordinating health and safety. Logically this role will be fulfilled by the appointed Lead Designer for the project or, depending on the nature and complexity of the project, by the Lead Designer with support from a CDM Advisor. In any instance, service agreements for consultants will need to be amended to reflect these new and additional roles.

Key Issues:

• Interim provisions for existing CDM projects which relate to specific time periods.
• Clients will require clear and practical advice on the effect of the changes.

Finding an experienced and knowledgeable CDM team will be important to clients to ensure that they are correctly advised on this important legislative change. At Ingleton Wood LLP we have experienced professionals working as part of our multi-disciplinary design teams and therefore well placed to both lead this new role of Principal Designer and to provide a CDM Advisor service.

For further information please contact paul.cavalier@ingletonwood.co.uk or paul.ruffell@ingletonwood.co.uk