The Construction (Design and Management) Regulations 2015 (CDM 2015) are a key part of health and safety law in Great Britain. They apply to almost all construction projects (ranging from large commercial developments to small domestic works) subject to limited exceptions (such as mineral extraction).
Broadly, CDM 2015 set specific duties for the key parties involved (clients, designers and contractors) and impose general health and safety obligations on everyone else involved, including workers. The duties imposed under CDM 2015 apply throughout the entire lifecycle of a project. Failure to comply can lead to criminal liability, as well as enforcement action by the HSE, including improvement notices (requiring breaches to be remedied within a specified timeframe) and prohibition notices (which can halt work immediately).
This article provides a simple overview of the main responsibilities of clients, designers and contractors under CDM 2015.
Duties of a client
A “client” is the organisation or individual for whom the construction project is carried out. This role carries important responsibilities, such as appointing a “Principal Designer” and a “Principal Contractor”.
When must a client appoint?
If a project involves more than one contractor (which is very common), the client must appoint:
- a Principal Designer, and
- a Principal Contractor
This must be done before construction work starts. Even where a client appoints one main contractor, if that contractor uses subcontractors, the project counts as having more than one contractor.
Core client responsibilities
Once appointments are made, the client must ensure suitable arrangements are in place to manage health and safety throughout the project. In particular, a client must:
- Provide pre-construction information (e.g. existing drawings, asbestos surveys, site risks) to designers and contractors
- Ensure a construction phase plan is in place before works begin
- Ensure a health and safety file is prepared and handed over at the end of the project
- Take reasonable steps to ensure compliance by the principal designer and principal contractor
Notifying the HSE
The client must notify the Health and Safety Executive (HSE) if the project:
- Lasts longer than 30 working days with more than 20 workers on site at any time, or
- Exceeds 500 person-days of construction work
Domestic clients
CDM 2015 also applies to domestic clients (e.g. homeowners), but their duties are largely transferred to others:
- Typically, the principal contractor takes on the client’s responsibilities
- If no formal appointments are made:
- The designer in control becomes the principal designer
- The contractor in control becomes the principal contractor
However, domestic clients may still retain some responsibilities (e.g. providing information about the property / site).
Other organisations
Charities, clubs, and unincorporated associations are not exempt. Unless they qualify as domestic clients, they must comply fully with CDM 2015 client duties.
Core duties of a contractor
A contractor is any organisation or individual carrying out construction work.
Contractor vs principal contractor
A Contractor carries out construction work and must manage risks relating to their own activities, where as a Principal Contract is appointed where there is more than one contractor and takes overall responsibility of managing the constructions phase and site safety.
Core responsibilities of a principal contractor
The principal contractor plays a central role in managing on-site health and safety. Duties include:
- Applying the “Principles of Prevention” (a set of nine basic rules for managing health and safety, such as avoiding risks where possible and choosing safer alternatives)
- Planning, managing and monitoring the construction phase
- Coordinating contractors and site activities
- Providing:
- Site inductions
- Welfare facilities (e.g. toilets, washing facilities, drinking water)
- Site security
- Preparing and maintaining the construction phase plan
- Ensuring effective cooperation and communication between workers and contractors
Responsibilities where there is more than one contractor
All contractors carrying out construction works on the relevant project must:
- Plan and carry out work safely
- Comply with the construction phase plan
- Follow directions from the principal designer and principal contractor
- Ensure workers are competent, trained and supervised
Duties of a sole contractor
Where only one contractor is involved in the project, they must:
- Prepare a construction phase plan before starting work
- Apply the Principles of Prevention
- Manage site safety directly
If working for a domestic client, the sole contractor may also take on client responsibilities.
Core duties of a designer
A “designer” under CDM 2015 is anyone involved in creating or changing a design, such as an architect, engineer, surveyor or project manager.
A designer must not begin work unless they are satisfied that the client understands their CDM 2015 duties.
Designer vs principal designer
Under CDM 2015, a designer is anyone involved in preparing or modifying designs for a project.
The Principal Designer is responsible for planning, managing and coordinating health and safety during the design stage, ensuring risks are identified and addressed early. This includes preparing, reviewing and handing over a health and safety file.
Core designer responsibilities
Designers must:
- Apply the “Principles of Prevention” (as explained above)
- Take account of pre-construction information
- Eliminate foreseeable risks, so far as reasonably practicable, for:
- Construction workers
- Maintenance and cleaning teams
- End users of the building
Concluding points
The CDM Regulations 2015 place clear responsibilities on all key parties in a construction project, with the aim of embedding health and safety.
Key takeaways
- If acting for a domestic client, the contractor (for single contractor projects) or the principal contractor (for projects with more than one contractor) will automatically assume the client’s duties
- Principal Designers and Principal Contractors play key coordinating roles
- All parties must cooperate to manage risk effectively
- CDM 2015 applies to most projects, including domestic and smaller works
- HSE enforcement is active, with breaches carrying potential criminal penalties
Early planning, clear appointments and effective communication are essential to achieving compliance and, ultimately, keeping people safe.
For those involved in construction projects, ensuring CDM duties are properly reflected in construction contracts and professional appointments is critical to managing risk and allocating responsibilities to those best placed to control them. If you would like support in putting robust contractual frameworks in place that give effect to CDM 2015, please do get in touch.
