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Domestic client CDM 2015 responsibilities will be ‘deemed’ to others

HSE is proposing new responsibilities for managing construction projects be placed on “domestic clients” i.e. those who procure extensions etc for their own homes. These domestic clients were excluded under CDM 2007.

UPDATE JAN 2015: HSE publish CDM 2015 Regulations and Guides

However, the direct impact on domestic clients is intended to be eased by ‘deeming’ that either an appointed building contractor or designer e.g. project architect, will be responsible for the domestic client project management and coordination responsibilities.

Single contractor projects

Where there is no more than one contractor working on a domestic project at any time the contractor (rather than the domestic client) will be required to take the following actions:

• Arrangements – for managing the project so it is carried safely and with acceptable welfare;
• Review – maintain and review those arrangements throughout the project;
• Information – provide Pre-Construction Information to designers and others;;
• H&S Plan – draw up a Construction Phase Plan;
• Inform – notify larger projects to HSE.

These responsibilities are in addition to specific contractor duties included in the proposals.

View our initial Summary of New Responsibilities proposed

More than one contractor projects

Where there is more than one contractor (or it is reasonably foreseeable that more than one contractor will be) working on a project at any time the domestic client must appoint in writing a ‘Principal Designer’ (PD) and a ‘Principal Contractor’ (PC).

If the domestic client fails to make these appointments the proposed regulations will deem the first designer appointed during the pre-construction phase to be the PD and the first contractor appointed during the construction phase to the PC with responsibilities as defined.

Under CDM 2007 full application of the regulations (involving an CDM-C and PC) applied only to business projects. The current proposals require that the new PD and PC appointments are made on ALL domestic projects where there is more than one contractor.

It is unlikely that domestic clients will make the required appointments and these new duties will therefore most likely fall to the project architect (PD) and main contractor (PC).

Support for architects appointed or ‘deemed’ as PD.

All domestic projects will be affected

HSE estimate 1 million additional projects will require the project PD role.

In addition, there will be many more single contractor projects requiring the contractor to take the actions summarised above including pre-construction information and a preparation of a construction phase plan.

These will be new requirements for many small contractors.

This article was posted on 31st March 2014