Laurence Associates: planning, architecture, landscape

New Construction (Design & Management) Regulations 2015 ~ March

The Health & Safety Executive (HSE) consultation on the replacement of the CDM Regulations 2007 commenced on 31 March 2014 and ended on 6 June 2014. The new regulations came into force on Monday 6th April 2015. The draft Legal (L) Series guidance was published on 9th January 2015 in order to help anyone who has duties under the Regulations to prepare in advance.

The Key Changes to note are:

Removal of the CDMC role and the introduction of a new role of the Principal Designer:

The 2015 CDM Regulations will see the introduction of a new role of Principal Designer, who will undertake the majority of duties of the CDM Coordinator (which will no longer exist after October 2015), with the one exception that the Client will be responsible for the collation of relevant pre-construction information and making sure it is communicated to all roles. The role of Principal Designer could be an organisation providing the Principal Designer role, the architect, client’s agent, or a project manager.

Domestic clients (homeowners) are no longer exempt:

The 2015 CDM Regulations will apply to domestic client projects (homeowners having construction work carried out on their homes); however, domestic Clients have the option to transfer their duties to the contractor or principal contractor (if more than one contractor working on the project). Alternatively, the homeowner may choose to have a written agreement with a Principal Designer to carry out the duties.

Removal of the Approved Code of Practice (ACOP):

The HSE has published its guidance which is intended to replace the requirement for an Approved Code of Practice.  In addition CONIAC (Construction Industry Advisory Committee) has issued a set of Industry Guidance for each of the Roles under the 2015 Regulations.

Threshold for Notification Amended:

The current requirement is for notification to the HSE whenever a project is expected to last (a) more than 30 days, or (b) will involve more than 500 person-days of labour. The 2015 Regulations have been amended to align with EU Directive requirements and amend the wording to: “more than 30 working days and more than 20 workers simultaneously”.

Appointment of Duty Holders (Principal Designer & Principal Contractor):

The Client must formally appoint as soon as is practicable, a Principal Designer and Principal Contractor respectively when there is, or will be, more than one contractor on site and in any event before the construction phase begins.

Replacement of the competency requirements:

Under the 2015 Regulations, the explicit competence requirements have been removed and replaced with a requirement for appropriate skills, knowledge and experience.

Transitional arrangements:

A transitional period will run for six months from 6 April 2015 to 6 October 2015.

For projects starting before 6 April 2015, where the construction phase has not yet started and the client has not yet appointed a CDM coordinator, the client must appoint a Principal Designer as soon as it is practicable.

Please contact Jason Pledger should you wish to discuss the regulations further or wish us to provide you with a scope of work and a fee estimate for acting for you in the role as the Principal Designer.

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