The Construction (Design and Management) Regulations 2007

New CDM Regulations

The Construction (Design and Management) Regulations 1994 (usually known as the CDM Regulations) will be replaced on 6 April 2007. The revised CDM Regulations will apply to projects ongoing or post 6 April 2007 and will impact on construction and property contracts due to major health and safety changes.

Key implications for clients in the property and construction sector include:

Few transitional provisions for ongoing projects;
An increased focus on construction clients to put in place arrangements to ensure health and safety;
A declaration will have to be made to the Health and Safety Executive (HSE) of how long contractors will be give to plan and prepare for construction work;
Clients' agents will not be allowed for projects starting after 6 April 2007;
Planning supervisors will become "CDM co-ordinators";
Clients will be deemd to be the principal contractor or CDM co-ordinator for any period during which appointmetns have not been made of another person;
Additional duties on clients and "duty holders" generally.

Background

The CDM Regulations set out health and safety duties on clients, planning supervisors, designers and contractors for construction projects. The CDM Regulations 2007 are the product of several years of consultation by the Health and Safety Executive (HSE).

An Approved Code of Practice (ACOP), which will give practical guidance on the application of the CDM Regulations, will be published in advance of 6 April (although the publication date has been delayed a number of times).

However, despite similarities between the 1994 and 2007 CDM Regulations, duty holders should review their health and safety procedures. The HSE take the view that the new CDM Regulations reflect current best practice.

The 2007 Regulations also revoke and replace the Construction (Health, Safety and Welfare) Regulations 1996.