Who is who under CDM 2015?
CDM 2015 puts duties on the client, designers, the principal designer, the principal contractor, contractors and workers. Where more than one contractor will work on a project, the client must appoint a principal designer and a principal contractor in writing.
Commercial and domestic clients
A commercial client is anyone who has a construction project carried out as part of a business, and the client duties apply to them in full. In outline, they must:
- make suitable arrangements for managing the project, with enough time and resources
- appoint capable designers and contractors, including the principal designer and principal contractor where needed
- give pre-construction information to every designer and contractor bidding or appointed
- make sure a construction phase plan is drawn up before construction starts, and that the principal designer prepares a health and safety file
- make sure welfare facilities are provided, and notify HSE if the project is notifiable
A domestic client is an individual having work done on their own home, or a family member's, outside any business. Their client duties normally pass to the contractor on a single-contractor job, or to the principal contractor where there are several. They can instead agree in writing for the principal designer to take them on. Work a householder does themselves is DIY, and CDM 2015 does not apply.
Designers and the principal designer
A designer is anyone who, in business, prepares or modifies a design or arranges for someone else to. That covers architects and engineers, but also contractors and tradespeople who get involved in design. Designers must be satisfied the client knows their duties, eliminate foreseeable risks where reasonably practicable, and reduce or control the rest.
The principal designer is a designer the client appoints to control the pre-construction phase on a project with more than one contractor. They plan, manage, monitor and coordinate health and safety in that phase, help the client assemble the pre-construction information, and liaise with the principal contractor.
Principal contractor, contractors and workers
The principal contractor is the contractor the client appoints to control the construction phase where there is more than one contractor. In outline they must:
- plan, manage, monitor and coordinate the construction phase
- prepare a written construction phase plan before it begins
- liaise with the client and principal designer, and organise cooperation between contractors
- make sure workers get a site-specific induction
- provide welfare from the start and prevent unauthorised access
Contractors include sub-contractors and self-employed people. They must plan, manage and monitor their own work, check their workers have the skills and training, and supervise them. Where there are several contractors, they must also follow directions from the principal designer or principal contractor and the relevant parts of the construction phase plan. A sole contractor draws up the plan.
Workers must only do work they have the skills and training for, follow site rules, cooperate, and report risks they find.
When you must appoint a principal designer and principal contractor
Regulation 5 says that where there is more than one contractor, or it is reasonably foreseeable that more than one will work on the project at any time, the client must appoint in writing a designer in control of the pre-construction phase as principal designer and a contractor as principal contractor. This must happen as soon as practicable, before the construction phase begins.
The test is the number of contractors, not the size of the job. Sub-contractors and self-employed people count as contractors.
If a commercial client does not appoint them, the client must carry out the missing role's duties themselves. A domestic client is treated differently: if they make no appointment, the designer in control of the pre-construction phase is the principal designer, and the contractor in control of the construction phase is the principal contractor.
One person or firm can hold more than one role if they have the skills, knowledge and experience for each.
Building Regulations roles in England are separate
Since 1 October 2023 the Building Regulations in England have had their own principal designer and principal contractor. A commercial client must appoint them in writing where more than one designer or contractor is working on the project, which is not the same trigger as CDM.
GOV.UK says the CDM roles manage the health and safety of workers and others around the site. The Building Regulations roles make sure the design and building work comply with those regulations.
The same person or firm can hold both sets of roles, and the client must then confirm that in writing to those appointed. If different people hold them, they must work together and share information.
Sources
- HSE: CDM 2015 summary of duties for dutyholders
- HSE: Commercial clients, roles and responsibilities
- HSE: Domestic clients, roles and responsibilities
- HSE: Designers, roles and responsibilities
- HSE: Principal designers, roles and responsibilities
- HSE: Principal contractors, roles and responsibilities
- HSE: Contractors, roles and responsibilities
- HSE: Construction workers, roles and responsibilities
- legislation.gov.uk: CDM 2015, regulation 5 (appointments)
- legislation.gov.uk: CDM 2015, regulation 7 (domestic clients)
- GOV.UK: Design and building work, meeting building requirements
- legislation.gov.uk: Building Regulations etc. (Amendment) (England) Regulations 2023, regulation 1