Construction firms ‘should act now’ to ensure compliance with new regulations

Construction professionals are being urged to act now and ensure they are compliant with the new Construction (Design and Management) Regulations, which came into force this week - 6 April 2015.

James Forbes, a construction law expert at Burness Paull, explained that the updated regulations, whilst still in draft form, will require companies operating within the industry to make changes now.

The key difference relates to projects either underway but not at the construction stage by 6 April and for all projects agreed post this date. Currently, a Construction (Design and Management) co-ordinator (CDM) would be in place to oversee the construction phase of a development. From 6 April, companies will be required to appoint a ‘Principal Designer’ in addition to a CDM co-ordinator for projects which started prior to 6 April and instead of a CDM co-ordinator from 6 October 2015 for all new projects.

The regulations define a Principal Designer as ‘…any person who prepares or modifies a design; or arranges for, or instructs, any person under their control to do so’.

James Forbes, who is a partner at Burness Paull, said: “This is a key change for the industry. Up until now, a CDM co-ordinator had to be competent to perform the specified duties of the role but did not have to be a ‘designer’. Now, they cannot be assume the role of Principal designer as their experience is unlikely to meet the agreed definition of what the designer should be.

“Finding the right home for the Principal Designer role within a design team is critical and companies should be looking at fulfilling this remit now rather than waiting for the regulations to come into force in April.”

Construction law expert Charles Brien at HBJ Gateley said the new legislation means construction clients, consultants or contractors, with inadequate health and safety standards face increased liability and risk of legal action.

The regulations are designed to reduce accidents on construction sites. Now, construction clients are required by law to meet a number of requirements in ensuring health and safety on construction projects. They must:

When a client delegates these responsibilities to a professional team or contractor, it must ensure that such parties have the skill, training, expertise and capacity to carry these out. If the wrong party is appointed, responsibility may fall on the client.

Charles Brien said: “While the new legislation’s designed to simplify health and safety requirements, the onus is now on clients to understand the subtle shift in liability and to change their policies and practices accordingly.

“Ignorance will be no defence, and if clients are found to have fallen short of the expected standard, they may be blocked from continuing a project until they can demonstrate they have changed the way they work.

“Additionally, clients will be required to appoint appropriate personnel to fulfil the role of principal designer with immediate effect, and to identify their current construction contracts that will continue beyond 6th October. If a project’s due to run over this date, there will be a need to appoint a principal designer and manage the transfer from the CDM Co-ordinator to ensure that they are satisfying both the earlier and future requirements.”

The Construction (Design and Management) Regulations 2015 replace the previous 2007 version and are designed to reduce bureaucracy while ensuring safer working practices and environments across the construction industry. They are part of an ongoing legislative response to improving health and safety standards across the construction industry.