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News Release

London

JLL’s response to upcoming Construction Design & Management (CDM) Regulation changes


JLL has offered a practical guide to help navigate through the Health and Safety Executive’s (HSE’s) upcoming Construction​ (Design and Management) Regulation changes.  The changes, which are awaiting parliament approval and are due to come into force on 6 April 2015, will further streamline existing regulations, help to improve safety, reduce bureaucracy and implement the European Directive for construction sites.

Main changes
• The Regulat​ions will be extended to cover domestic as well as commercial construction projects.
• The role of CDM coordinator (CDMC) will be abolished and the new role of Principal Designer (PD) created.  The duties previously performed under the old CDMC role will now effectively be split between the Client and the PD.  
• The new regulations increase client duties and liability.  These duties include making suitable arrangements for managing the project; selecting a competent team under formal appointments; providing Pre-Construction Information; notifying the HSE; checking a Construction Phase Plan and welfare facilities in place; ensuring management arrangements are working; checking handover arrangements and also ensuring that a Health and Safety file is prepared, maintained and kept available.
• A Principal Designer and Principal Contractor will need to be appointed in writing when there is going to be more than one contractor (including sub-contractors) working on the site.  This means that the Regulations will apply to most projects.

What the changes mean:

• The HSE has the right to inspect virtually any site and impose on the spot fines. They are also able to charge for their time should any breaches be found.
• Future building contracts and appointments will need to reflect the new roles and duties.
• On projects where you would normally have appointed a Contract Administrator / Lead Designer and CDMC, these roles are likely to be combined under the new title of Principal Designer (PD).
• On larger construction projects, it is likely that the Architect will take on the PD role as the CDMC will no longer have a legal role under the Regulations.  

Timescales
Transitional arrangements are in place for projects which have already started before the 6th April deadline until 6th October 2015 when all projects need to comply with the new Regulations.   Clients should ensure that they are aware of their new duties and that they have the correct team in place for their construction projects to ensure that they comply with the new Regulations.