The Construction [Design and Management] (CDM) Regulations 2007 have been superseded with CDM 2015 due to come into force on 6 April 2015. These changes will bring self and custom builders into line with larger constructors by making work undertaken by ‘domestic clients’ under formal CDM notification for the first time. If you are using an architect main contractor, then you can expect them to take on these client duties for you – they will treat your job like any other job previously undertaken for commercial clients so the practical impact on you if you appoint a principal designer and a principal contractor should be minimal. The financial impact is less obvious but you can expect the cost of CDM provision to be added to the bill.
There will be a period of uncertainty for jobs about to start, especially those where contractors have been appointed but work is not expected to start before 6 April 2015. To mitigate this there will be a transitional period running for six months until 6 October 2015. In essence, for projects starting before 6 April 2015, where the construction phase has not yet started and the client has not yet appointed a CDM co-ordinator, the client must appoint a principal designer as soon as it is practicable. If the CDM co-ordinator has already been appointed, a principal designer must be appointed to replace the CDM co-ordinator by 6 October 2015, unless the project comes to an end before then.
The situation with self builders who intend to self-manage multiple contractors, is less clear, although I am actively seeking an answer from HSE. The draft guidance on CDM 2015 released on 9 January states that if a principal contractor is not appointed then “the the role of principal contractor falls to the contractor in control of the construction phase of the project”. What does that mean? Does it mean that the bricklayers doing most of the visible construction work have responsibility for the work of the electricians, plumbers and plasterers that follow? If they are, they will be singularly ill equipped to do so and it is asking for trouble.
There are some other questions, too. Contractors bidding for work will be obliged to price for the increased work regarding CDM. The good ones will do this, the unscrupulous ones will probably ignore it, making the legitimate contractor look more expensive and potentially pricing them out of the work.
I’m speaking to the HSE about these issues. It’s not easy – they have scrapped their ‘Hotline’ and expect everyone to get the answers from the HSE website, which is fine as long as the information is there and what I need to know isn’t! I’ve used their ‘Advice Form’ but with no response to date, so I’m trying a more direct route by e-mail. If I could speak to a human being, it would be so much easier. Plus ça change….
