FACT SHEET CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2015 THE PROPERTY PROFESSIONALS AUGUST 2016

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1 MANAGEMENT) REGULATIONS forget the Legal Helpline ( members only) uk/uksi//51/pdfs/ uksi_0051_en.pdf CONTEXT The Management) (CDM) Regulations came into force on 6 April and replace the 2007 Regulations. They are the main set of regulations for managing the health, safety and welfare on all construction projects and define responsibilities according to particular roles. They apply to the landlord of a domestic residential property, where construction is being carried out. THE CHANGES The role of CDM Coordinator has been removed and the responsibilities of the Client have been strengthened. The Client must now notify the Health and Safety Executive of a project and appoint in writing a Principal Designer and Principal Contractor if there is more than one Designer or Contractor. Where an existing project has a CDM Coordinator, a Principal Designer must be appointed within six months from the date that these regulations came into force unless the project ends before that date. NB: If the Client fails to appoint a Principal Designer or Principal Contractor they must carry out the duties of the Principal Designer in relation to health and safety including the health and safety plan. ELIGIBILITY CDM applies to all building and construction work in the UK and includes new build, demolition, refurbishment, extensions, conversions, repair and maintenance (such as replacing windows or boilers, installing new kitchens and bathrooms, any structural alterations, extensions and loft conversions). However, the rules do not apply to minor works such as replacing light bulbs. There are six duty holders under the rules (Client, Designer, Principal Designer, Contractor, Principal Contractor and Workers). A Client is any person for whom a project is carried out. A Contractor is any person who carries out, manages or controls the construction site as part of their business. A Designer is any person (including a Client, Contractor or other person as outlined in the CDM Regulations) who prepares or modifies a design, arranges for any person under their control to do so. 1/5

2 MANAGEMENT) REGULATIONS forget the Legal Helpline ( members only) uk/uksi//51/pdfs/ uksi_0051_en.pdf WHAT DOES THIS MEAN The CDM Regulations distinguish between commercial and domestic Clients. A commercial Client is any individual or organisation for whom a construction project is carried out in connection with their business (whether the business operates for profit or not). NB: In this context, the commercial Client could be the landlord if they are the person who carries out the project. It could also be the letting agent if the landlord appoints them to carry out the project. For example, if the letting agent commissions or organises the building and construction work on their landlords property. A domestic client is anyone for whom a project is being carried out which is not in the course or furtherance of a business. For instance, if they are having work done on their own home, or the home of a family member, and it is not in connection with a business. WHAT DO YOU NEED TO DO? The Client has overall responsibility for the management of the project. They are supported by the Designer and Contractor at different phases of the work. Before the construction begins a Client must: 1. Provide pre-construction information (e.g. asbestos survey or location of fuse boxes) as soon as possible to every Designer and Contractor appointed to the project, or bidding for work. 2. Ensure that a Construction Phase Plan is drawn up by the Contractor before work starts and the Designer prepares a health and safety file for the project that is continually updated and reviewed throughout. NB: Where there is more than one Client (i.e. joint landlords) in relation to a project one or more of the Clients may agree in writing to be treated as the only Client. If the work is scheduled to last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project or exceeds 500 person days the Client must notify the HSE in writing about the project before the construction phase begins. 2/5

3 MANAGEMENT) REGULATIONS forget the Legal Helpline ( members only) uk/uksi//51/pdfs/ uksi_0051_en.pdf NB: The notice to the HSE must state the name of the (Principal) Contractor and (Principal) Designer. A copy of the notification must be displayed at the construction site office and updated where necessary as the project progresses. All Designers and Contractors must ensure they have the right skills, knowledge, training and experience to do their job and provide appropriate levels of information, instruction and supervision. NB: It is the Client s responsibility to take reasonable steps to satisfy themselves that the Designer or Contractor fulfill these requirements. The (Principal) Designer must plan, manage and monitor the preconstruction phase and coordinate matters relating to the health and safety to reduce risks. This includes estimating the time it might take to do the work. The (Principal) Designer must also ensure that all persons working in relation to the pre-construction phase cooperate with the Client, the Designer and each other. NB: If the (Principal) Designer s work ends before the project does, the (Principal) Designer must pass the health and safety file to the (Principal) Contractor. The (Principal) Contractor must draw up a Construction Phase Plan (or make arrangements for a Construction Phase Plan to be drawn up) before setting up a construction site. They must also set out the health and safety arrangements and site rules. During the construction phase During the construction phase the (Principal) Contractor must plan, manage and monitor all aspects and coordinate matters relating to health and safety. For instance, ensure that suitable site inductions are provided and steps are taken to prevent unauthorised persons from entering the site. Throughout the project the (Principal) Contractor must ensure that the Construction Phase Plan is appropriately reviewed and updated. 3/5

4 MANAGEMENT) REGULATIONS forget the Legal Helpline ( members only) At the end of the project The (Principal) Designer, or where their work has ended before the project does the (Principal) Contractor, must pass the health and safety file to the Client. NB: The health and safety file should include information on exactly what has been built, the sequence of build, the materials and components installed and how. The information should be kept safe because the file may be requested by conveyancing solicitors when the property is sold. General requirements for all construction sites The rules set out responsibilities relating to health and safety on all construction sites and affect everyone who is engaged on the site. These are: uk/uksi//51/pdfs/ uksi_0051_en.pdf Safe places of work including access Good order and site security Stability of structures Safe means of demolition or dismantling Provision of fresh air Safe use of explosives Safety regarding cofferdams and caissons Safety with regard to evacuations Reports of inspections Appropriate temperature and weather protection Safe energy distribution installations Steps to prevent drowning Safe traffic routes Emergency routes and exits to be provided Adequate lighting Safety regarding moving vehicles Prevention of risk from fire, flooding or asphyxiation Emergency procedures Fire detection and firefighting equipment to be provided 4/5

5 MANAGEMENT) REGULATIONS forget the Legal Helpline ( members only) uk/uksi//51/pdfs/ uksi_0051_en.pdf The regulations also outline minimum welfare requirements required for construction sites. These are: Toilet facilities. Washing facilities. Drinking water. Changing rooms and lockers. Rest facilities. ENFORCEMENT Failure to comply with the CDM Regulations will remain a criminal offence punishable with an unlimited fine and, or imprisonment up to two years or both. TIMETABLE The CDM Regulations affect all projects that started on or after 6 April, and also those that commenced before this date but were still ongoing at that date, including those that are still ongoing now. 5/5