Change to CDM Regulations – Are you prepared Friday, 5th June 2015

The Construction (Design & Management) Regulations 2015 came into force on 6th April 2015.The aim of the new legislation is to simplify the process, to capture domestic projects, and to increase compliance.

Key changes:

• CDM co-ordinator role has now been removed.
• Introduction of the new Principal Designer role; this must be a designer with control over the pre-construction phase of the project.
• Principal Designer and Principal Contractor appointments required if more than one contractor on site. If client does not make this appointment then duties fall to them.
• Additional duties for clients including absolute obligations; but there is no longer a key advisor (CDM-C) to assist clients in meeting their duties.
• Division of the competence assessment into its component parts of skills, knowledge, experience and organisational capability;
• Removal of the exemption for domestic clients, but passing their CDM duties to the contractor;
• Notification thresholds have changed; less notifications will be made
• Pre-Construction Information and Construction Phase Plans required for ALL projects; whether notifiable or not.

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 all stages of design ;
3. Assisting the client in collating the Pre-Construction Information and passing to designers and contractors;
4. Ensuring co-operation and co-ordination;
5. Ensuring designers comply with their duties;
6. 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 Principal Designer Advisor. In any instance, service agreements for consultants will need to be amended to reflect these new and additional roles.

Key Issues:

• Lead designers will be asked to fulfil the new Principal Designer role, but will need to carefully consider the additional responsibility
• The Principal Designer has no obligation to assist clients in meeting their duties; Clients will need clear advice on the changes, and possibly the services of a CDM Client Advisor in meeting their duties
• Transitional arrangements for existing CDM projects which relate to specific time periods.

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 provide both CDM Principal Designer Advisor and CDM Client Advisor services.

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