CDM regulations for small builders: what you legally need to do

The Construction (Design and Management) Regulations 2015, commonly referred to as CDM 2015, form the cornerstone of health and safety legislation within the construction industry. Many small builders mistakenly believe that these regulations only pertain to large commercial projects. However, this is not the case. CDM applies to virtually every construction project across the UK, including small domestic jobs, extensions, and refurbishments.

What is CDM 2015?

CDM 2015 replaced the earlier CDM 2007 regulations with the aim of enhancing health and safety standards in construction. This is achieved by ensuring that everyone involved in commissioning, designing, and building construction projects considers health and safety from the outset. CDM covers all types of construction work, which includes building, alteration, conversion, fitting out, repair, maintenance, redecoration, decommissioning, and demolition of structures.

The duty holders under CDM 2015

CDM 2015 specifies roles and responsibilities for various duty holders on a construction project. Understanding these roles is fundamental for small builders to ensure compliance.

Client: The person or organisation for whom the work is carried out. For domestic jobs, the homeowner is typically the client. Clients are required to make suitable arrangements for managing the project effectively.

Designer: This role includes anyone who prepares or modifies designs for construction work. This encompasses architects, engineers, and tradespeople who design aspects of their own work. Designers must consider construction phase risks in their designs to enhance safety.

Principal designer: On projects involving more than one contractor, a principal designer must be appointed to coordinate health and safety during the pre-construction phase. They play a pivotal role in ensuring the project is planned with safety in mind from the beginning.

Principal contractor: Similar to the principal designer, on projects with multiple contractors, a principal contractor must be appointed. They hold responsibility for health and safety on site during the construction phase and for producing the construction phase plan.

Contractor: Anyone who carries out construction work, including sole traders, falls under this category. All contractors must plan, manage, and monitor their own work to assure it is conducted safely and efficiently.

When does a project need to be notified to the HSE?

A project must be notified to the HSE if it is projected to last more than 30 working days with more than 20 workers simultaneously on site at any point or exceed 500 person days of work. This threshold means most small domestic jobs may not necessitate notification. However, this does not exempt such projects from CDM duties. Even non-notifiable projects must adhere to certain requirements to ensure safety and compliance.

What small builders need to do on non-notifiable projects

Even if a project does not require HSE notification, CDM 2015 mandates several actions. For any project involving more than one contractor, the client must appoint a principal designer and principal contractor in writing. The principal contractor has the responsibility to produce a construction phase plan before work commences. Additionally, the principal designer must produce a health and safety file. In domestic projects where the homeowner does not appoint a principal designer, the principal contractor assumes these duties by default.

The construction phase plan

The construction phase plan (CPP) is the critical document for CDM compliance. It must be in place before work starts. For small domestic projects, the CPP should cover several key points: a description of the project and site, the management structure, and who is responsible for health and safety. Additionally, it should include site rules such as access and housekeeping, how health and safety information will be communicated, the main hazards and how they will be managed, and welfare facilities. Emergency procedures and first aid arrangements, as well as arrangements for coordinating subcontractors, should also be detailed.

The HSE provides a free CPP template on their website. For most small domestic projects, a two to four-page document is adequate. The emphasis is not on length but ensuring that it has been thoughtfully prepared before work begins.

Asbestos

On any project involving buildings constructed before the year 2000, asbestos is a significant CDM consideration. Before any work begins on walls, ceilings, floors, or elements that might contain asbestos, you must request any existing asbestos management plan or survey. Conduct a visual check prior to any work that may disturb materials. If there is any doubt, have suspect materials surveyed by a licensed surveyor. Disturbing asbestos-containing materials without taking the correct precautions is illegal and can lead to criminal prosecution.

Welfare facilities

CDM mandates suitable welfare facilities during construction work. On longer projects, this means having proper toilet facilities, a place to wash hands, somewhere to rest and eat, and a place to change clothing. For short domestic jobs, many builders negotiate the use of client facilities. However, on site-based work without property access, you will need to arrange your own welfare facilities. This may involve hiring portable toilets or setting up temporary washing stations.

Consequences of not complying

CDM is enforced by the HSE, and failing to comply can have serious repercussions. Inspectors have the authority to issue improvement notices or prohibition notices, which can stop work immediately. They can also prosecute individuals and businesses. Fines for CDM breaches have no upper limit in the Crown Court, and for persistent or serious breaches, custodial sentences are possible. More practically, failing to have a construction phase plan means you are not in control of the project. This increases the likelihood of accidents and claims, and your insurance might not cover you if you were not complying with your legal duties.

Additional Practical Tips for Small Builders

Building Relationships with Clients

For small builders, establishing a good relationship with your clients can significantly aid in project management and compliance with CDM regulations. Open communication ensures that clients understand their roles and responsibilities under CDM, which can lead to smoother project execution. Discussing health and safety considerations upfront and involving them in the planning process can prevent misunderstandings and reduce the likelihood of disputes.

Understanding the Costs Involved

Complying with CDM regulations can have cost implications, particularly for small builders operating on tight margins. However, it is essential to view these costs as investments in safety and legal compliance rather than unnecessary expenses. Setting aside approximately 5-10% of the project budget for health and safety measures, including the preparation of necessary documents and welfare facilities, can help ensure compliance without impacting profitability. Additionally, being compliant can actually save money in the long run by reducing the risk of accidents, fines, and legal issues.

Training and Competency

Ensuring that you and your workforce are adequately trained and competent is a key aspect of CDM compliance. Investing in regular health and safety training courses can enhance your team's ability to identify and manage risks effectively. Courses are available from various providers across the UK and can often be tailored to the specific needs of your business. Keeping up to date with training not only helps with compliance but can also improve the overall efficiency and safety of your operations.

Documentation and Record Keeping

Maintaining thorough documentation and records is crucial for demonstrating compliance with CDM 2015. This includes keeping copies of the construction phase plan, risk assessments, method statements, and any correspondence with clients regarding health and safety arrangements. These documents should be easily accessible and regularly updated to reflect any changes in the project scope or site conditions. Proper record-keeping can serve as evidence of compliance in case of inspections or disputes.

FAQ

Does CDM 2015 apply to small domestic jobs?

Yes, CDM applies to all construction work regardless of size, including small domestic extensions, renovations, and refurbishments. The level of documentation required is proportionate to the size and risk of the project.

Do I need to notify the HSE for every project?

No, notification is only required if the project will last more than 30 working days with more than 20 workers simultaneously on site or exceed 500 person days. Most small domestic projects do not meet these thresholds and therefore do not require notification.

What is the minimum I need to produce for a small CDM project?

You must have a construction phase plan before work begins. On very small single-contractor projects, two to four pages covering key hazards, welfare arrangements, and emergency procedures is sufficient.

Who is responsible for CDM on a domestic job?

If there is only one contractor, that contractor takes on CDM responsibilities. If there are multiple contractors, the client must appoint a principal designer and a principal contractor, or the principal contractor takes on both roles on domestic projects by default.

Where can I get a free construction phase plan template?

The HSE provides a free template at hse.gov.uk/construction/cdm/2015/construction-phase-plan.htm. It is straightforward to complete for small domestic projects.

What should I do if I encounter non-compliance by another contractor on site?

If you encounter non-compliance by another contractor, it is important to address it immediately. Discuss the issue with the principal contractor or principal designer, as they have overall responsibility for site safety. If the issue is not resolved, you may need to report it to the HSE, especially if it poses a significant risk to health and safety. Your own compliance could be jeopardised if you do not act on observed non-compliance.