CDM 2015 update

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03 Nov 2015

There is much confusion over the application of these regulations, and in particular Regulation 7 regarding appointments by Domestic Clients.

 

Domestic clients are not expected to be experts in construction work, and so their legal duties are to be undertaken by others –

 

If only one contractor involved, the client’s duties are to be undertaken by that contractor

 

If more then one contractor, a Principal Contractor needs to be appointed and the client’s duties will be undertaken by them

 

OR the client can appoint in writing a Principal Designer (PD) to undertake the client’s duties.

 

The client still needs to appoint a PD if there is more than one contractor to undertake the PD duties

 

If a client does not make an appointment –

 

the contractor undertaking the work is the Principal Contractor and undertakes the clients duties

 

the designer who carried out the original design becomes the Principal Designer and carries out the PD duties and Clients duties

 

The HSE have recently stipulated that an Architects practice in Cornwall, who did not want to be PD, had to be as they had done the original designs.