Client Awareness Note: CDM15 and BSA22
This note is to make you aware of two separate pieces of legislation that affect you as a Client.
The Construction (Design and Management) Regulations 2015 [CDM15]
The Building Safety Act 2022 [BSA22]
Please be advised that as a Client, you have legal duties under the above legislation, and it is one of our duties as a “designer” as therein defined, to satisfy ourselves that you have been made aware of those duties. We strongly recommend that you take independent legal advice as to your duties under this legislation.
Taking each in turn:
The Construction (Design and Management) Regulations 2015 [CDM15]
These regulations cover the management of health, safety and welfare when carrying out construction activities including maintenance.
These duties (set out in Part 2: Client Duties) can be briefly outlined as follows:
Make suitable arrangements for managing the project to ensure that, throughout the planning, design and construction of a project, adequate consideration is given to the health, safety and welfare of all those affected by and involved in the construction work;
Formally appoint duty holders including a competent Principal Designer (CDMPD) and CDM
Principal Contractor (CDMPC);
Provide relevant health and safety information to the CDMPC;
Notify the project to the HSE where required;
Check that the CDMPD and CDMPC are carrying out their duties;
Allow sufficient time and resources for each stage of the project;
Ensure that there are suitable health and safety management arrangements in place throughout the project. This includes ensuring that contractors have provided suitable welfare facilities;
Ensure that the Construction Phase Plan, prepared by the CDMPC is in place before construction work starts;
Ensure the Health and Safety File is prepared and available for inspection after the project is completed.
You may find the following publications useful, which are available online:
Want construction work done safely? A quick guide for Clients on the Construction (Design and Management) Regulations 2015”( (INDG411), published by the Health & Safety Executive http://www.hse.gov.uk/pubns/indg411.pdf
“The Construction (Design and Management) Regulations CDM 2015 Principles in Practice – Industry Guidance for Clients”, published by the Construction Industry Advisory Committee (CONIAC) https://www.citb.co.uk/media/bwzklrv5/cdm-2015-clients-interactive.pdf
Please note that the early appointment of a competent CDMPD is necessary. The role is primarily to plan, manage, monitor and coordinate health and safety in the pre-construction phase (that is the design phase – which can often overlap with the construction phase) by identifying, eliminating or controlling foreseeable risks.
We would be happy to discuss with you thoughts as to a suitable party to appoint as CDMPD for this project. In the event that it is felt that the duty best lies with the architect, we can discuss the potential arrangements including a services and fee proposal but in any event these would be under a separate appointment to our architectural services.
If a Design and Build procurement route is chosen, we would propose in the first instance that these CDMPD services run to the appointment of the D&B contractor, at which point they may be best placed to take the CDMPD role forward to completion in parallel with their CDMPC duties.
If you would like any further information regarding the above, please do not hesitate to get in touch with your contact at the practice.