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Changes to Clients Role in CDM 2007

27/04/2007

roof walkerThe new Construction (Design and Management) Regulations (CDM) come into effect on 6th April 2007. For those who don’t know, CDM Regs are broadly about integrating Health and Safety into Construction Projects. The 2007 Regs aim to reduce the bureaucracy associated with the 1994 CDM Regs, and to improve the definitions of duty holder roles so that each duty holder knows what is expected of them. This will enable the ‘client – contractor – co-ordinator’ team to work together more effectively to provide safer construction.

Although the purpose of the Regulations remain the same, there are some significant changes to the previous Regulations.

The main changes are to the Client’s role throughout the project. A fundamental principle of CDM 2007 is to motivate Clients to take more responsibility for the selection of the project team and the working environment. After 6th April, it will be the client’s responsibility to ensure the project team is competent, and significantly, this legal liability of their role cannot be passed onto a third party (previously the Client’s Agent). This means that, although Chartered Surveyors can still act on behalf of the Client, if there is a breach of the regulations, the Client retains the criminal liability.

This explicit requirement means that Clients should be even more diligent when appointing the project team to ensure that all parties, and particularly the Client’s Agent, are competent to perform their roles as Duty Holders. The CDM Coordinator (previously the Planning Supervisor) retains the responsibility to advise and assist the Client on the appointment of competent persons and their ability to control risks arising from the project.

For further guidance, please contact Fisher German’s Building Consultancy Department, on 01530 412821.

 

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