All You Need To Know About The New CDM Regulations

This 45th issue of Insight (i) considers the application of the new CDM Regulations and the transitional arrangements that will be in place; (ii) reviews the key changes that are expected to be introduced1; (iii) discusses the impact of the new CDM Regulations on the domestic standard forms; and (iv) provides some practical tips on how to ease the transition from the 2007 Regulations to the new CDM Regulations.

On Easter Monday 2015, the Construction (Design and Management) Regulations 2015 ("the new CDM Regulations") and the accompanying new guidance will come into force, replacing the current Construction (Design and Management) Regulations 2007 ("the 2007 Regulations") and the Approved Code of Practice. The new CDM Regulations will apply to the management of health, safety and welfare of almost all construction projects in England and are expected to provide for a new division of responsibilities between duty holders, giving the client increased overall responsibility and replacing the current CDM coordinator with a new principal designer role.

Application of the new CDM Regulations

In circumstances where: (i) a CDM coordinator was appointed before 6 April 2015 (i.e. before the Easter break); (ii) work started on site before 6 April 2015; and (iii) completion is to be before 6 October 2015, the new CDM Regulations will not apply and you should continue to comply with the 2007 Regulations.

For projects where work started on site after 6 April 2015, the new CDM Regulations will apply in full.

Transitional arrangements

Transitional arrangements will be in place between the period 6 April and 6 October 2015 and will vary according to whether a CDM coordinator has been appointed, and whether the construction phase has started. There are three different scenarios:

(1) If a CDM coordinator has not been appointed by 6 April 2015 and the construction phase has not started, the client must appoint a principal designer (as to which see further below) as soon as practicable.

(2) Where a CDM coordinator has not been appointed by 6 April 2015 and the construction phase has already started, the client may appoint a principal designer, but it is not required to do so. If no principal designer is appointed, the principal contractor will be responsible for the health and safety file.

Where a CDM coordinator has been appointed prior to the transitional period, the client must appoint a principal designer by 6 October 2015, after which the CDM coordinator will have no further role.

That is the theory. In practice, however, the principal designer role may need to be sub-contracted to the architect...