Menu

Construction (Design and Management) Regulations 2015

Client duties in relation to managing projects:

  • A Client must make suitable arrangements for managing a project, including the allocation of sufficient time and other resources.
  • Arrangements are suitable if they ensure that:
    a) The construction work can be carried out, so far as is reasonably practicable, without risks to the health or safety of any person affected by the project, and
    b) Minimum welfare facilities are provided in respect of any person carrying out construction work.
  • A Client must ensure that these arrangements are maintained and reviewed throughout the project.
  • A Client must provide pre-construction information as soon as practicable to every Designer and Contractor appointed, or being considered for appointment to the project.
    Client must ensure that:
    a) Before the Construction Phase begins, a Construction Phase Plan is drawn up by the Contractor, if there is only one Contractor, or by the Principal Contractor, and
    b) The Principal Designer prepares a Health & Safety File for the Project, which:
    • a. Complies with the requirements of the Regulations,
    • b. Is revised from time to time, as appropriate, to incorporate any relevant new information, and
    • c. Is kept available for inspection by any person who may need it to comply with any relevant legal requirements.
  • A Client must take reasonable steps to ensure that both the Principal Designer and Principal Contractor comply with their duties.
  • If the Client disposes of the Clients interest in the structure, the Client should provide a health and safety file to the person who acquires the Clients interest and ensure that that person is aware of the nature and purpose of the file.
    Appointment of the Principal Designer and Principal Contractor:Where there is more than one Contractor, or it is reasonably foreseeable that more than one Contractor will be working on a project at any one time, the Client must appoint in writing:
    a) A Designer with control over the Pre-Construction Phase, as Principal Designer, and
    b) A Contractor as Principal Contractor.
  • The appointments must be made as soon as is practicable, and, in any event, before the Construction Phase begins.
  • If the Client fails to appoint a Principal Designer, the Client must fulfil the duties of the Principal Designer.
  • If the Client fails to appoint a Principal Contractor, the Client must fulfil the duties of the Principal Contractor.
    Notification:
    A project is notifiable if the construction work on a construction site is scheduled to:
    a) Last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project, or
    b) Exceed 500 person days.
  • Where the project is notifiable, the Client must give notice in writing to the HSE as soon as practicable before the construction phase begins.
    Application to Domestic Clients:
  • Where the Client is a Domestic Client, the duties in the Regulations must be carried out by:
    a) The Contractor for a project, where there is only one Contractor.
    b) The Principal Contractor for a project, where there is more than one Contractor, or
    c) The Principal Designer, where there is a written agreement that the Principal Designer will fulfil those duties.
  • If the Domestic Client fails to make the required appointments:
    a) The Designer in control of the Pre-construction phase of the project will become the Principal Designer.
    b) The Contractor in control of the Construction Phase will become the Principal Contractor.
  •