New CDM regulations will affect homeowners

Changes to the Construction (Design & Management) Regulations 2015 (CDM) came into effect on April 6. This legislation aims to reduce accidents during construction projects via good design, planning and co-operation, and also specifies legal requirements on site safety standards and for the provision of welfare facilities such as access to toilets.

If homeowners - including those having work carried out within their own flats - fail to ensure the new regulations are met by contractors on site, it could affect the sale of the property.

This type of work will commonly require consent from the Freeholder usually in the form of a formal document called a Licence to Alter.

By contrast, the management of common parts is a business so those clients commissioning construction work (and the definition includes redecoration) have responsibilities as commercial clients.

The new regulations apply to all construction work but for people who have work undertaken on their own homes duties normally falling to commercial clients are allocated to the (principal) contractor.

Under the new regulations, all builders working in the domestic sector, will have to create a construction phase safety plan for all building projects. In addition, all domestic projects will have to meet the same basic standards for the provision of welfare facilities as commercial projects.

Any domestic projects finishing after April 6, where there has been more than one contractor, must have a health and safety file presented at the end. The health and safety file is a handover pack, which should include “as built” drawings or specifications of components that have been installed.

For homeowners, CDM duties are passed to the contractor where there is only one or the principal contractor for more than one. Where there is more than one contractor, a principal designer must also be appointed and they coordinate all matters relating to health and safety.