Does CDM 2015 apply to me?

Friday, May 15th, 2015

Article By: Camilla Wild

Construction (Design & Management) Regulations 2015 (CDM) regulations apply to most common building, civil engineering and construction work including all demolition and dismantling work – scale of project does not matter. The previous exemption for domestic clients no longer exists and they are now within the scope of CDM 2015 and consequently have duties. However these duties will be undertaken by either the Contractor, Principal Contractor or Principal Designer.
It is important to note that the threshold for notifying the HSE is purely that. It does not act as a trigger for duty holders to take on additional responsibilities or carry out the work in a different way. (Notification of the project to the HSE should be made by the client, and in the case of the domestic client, by the Principal Contractor. Building firms must know the thresholds for notification – otherwise they are breaking the law as they cannot begin work unless notification has been made.)
Where the client is a domestic client the CDM duties must be carried out by—

  • The contractor for a project where there is only one contractor
  • The principal contractor for a project where there is more than one contractor; or
  • The principal designer where there is a written agreement that the principal designer will fulfil those duties.
  • If a domestic client fails to make the appointments required by the regulations:
  • The designer in control of the pre-construction phase of the project is the principal designer
  • The contractor in control of the construction phase of the project is the principal contractor.
  • Under the Construction (Design and Management) Regulations 2015 (CDM 2015) a Construction Phase Health & Safety Plan is required for every construction project.

This does not need to be complicated. If you are working for a domestic client, you will be in control of the project if you are the only contractor or theprincipal contractor. You will be responsible for:

  • preparing a plan;
  • organising the work; and
  • working together with others to ensure health and safety.

You could be a builder, plumber or other tradesman, doing small-scale routine work such as:

  • installing a kitchen or bathroom;
  • structural alterations, eg chimney breast removal;
  • roofing work, including dormer windows;
  • extension or loft conversion.