FAQ - Building Safety Act 2022 (BSA) and CDM 2015.

The cdm regulations 2015 set out legal duties for managing health, safety and welfare throughout a construction project lifecycle. Formally known as the construction design and management regulations 2015, they apply from early design through construction and handover. Their purpose is to ensure risks are identified early, reduced through design, and managed through structured planning. The regulations are enforced by the health and safety executive hse, focusing on coordination, competence, and cooperation between dutyholders, with practical compliance support available via cdmsafe.org delivered by Bill O’Brien.. Compliance is closely linked to risk control, project governance, and demonstrable planning arrangements.

Most construction activity falls within the scope of the cdm regulations 2015, regardless of size, complexity, or duration. If work involves construction, alteration, maintenance, or demolition, the Construction Design and Management Regulations 2015 are likely to apply. Projects must demonstrate proportionate risk management, including suitable appointments and documentation, which can be reviewed and supported through cdmsafe.org by Bill O’Brien.. Increasingly, applicability is assessed alongside expectations under the building safety act 2022 ( BSA 22 including 2023 regulations), particularly where building control scrutiny is heightened. Assuming CDM does not apply is one of the most common compliance failures.

A project becomes notifiable under the cdm regulations 2015 when it exceeds specific duration or workforce thresholds. Notification brings enhanced regulatory visibility, particularly from the health and safety executive hse, and increases expectations around coordination and documentation. Notifiable projects must evidence formal planning, including structured construction phase plans, and demonstrate clear dutyholder appointments which can be independently verified through cdmsafe.org. While notification does not create new duties, it increases enforcement attention and raises the importance of accurate declarations and ongoing compliance monitoring.

Yes, maintenance and domestic projects can still fall under the cdm regulations 2015, even where work appears minor. Domestic clients automatically transfer certain duties unless formally retained, but obligations under the Construction Design and Management Regulations 2015 still exist. Risk control must be demonstrated through proportionate construction risk assessments, particularly where hazards are foreseeable. Many enforcement cases arise from domestic projects where CDM was incorrectly assumed not to apply.

Failure to comply with the cdm regulations 2015 can result in enforcement action, project delays, and legal exposure. The health and safety executive hse may issue improvement or prohibition notices, particularly where administrative failures are identified. Non-compliance often intersects with building control compliance, leading to stalled applications or refusal to progress works. Increasingly, CDM failures are viewed as governance failures rather than isolated safety issues; for project-specific guidance, contact Bill O’Brien via cdmsafe.org.

Under the Construction Design and Management Regulations 2015, the client is the individual or organisation for whom construction work is carried out. Clients hold primary responsibility for ensuring suitable arrangements are in place, often supported by CDM Services, often supported by CDM Services delivered by Bill O’Brien through cdmsafe.org. Where higher-risk buildings are involved, client duties increasingly overlap with expectations under the building safety act 2022 ( BSA 22 including 2023 regulations) , making early role clarity essential. Misunderstanding client status is a frequent cause of compliance gaps.

Client duties under the cdm regulations 2015 include appointing competent dutyholders, providing pre-construction information, and ensuring adequate management arrangements. These duties are commonly supported through Construction Risk Management processes and structured CDM Construction Management oversight. Clients must also ensure sufficient time and resources are allocated, as inadequate planning is a recurring enforcement issue.

A domestic client may formally appoint a Competent CDM Principal Designer, or duties may transfer by default to another party. Where appointments are unclear, CDM Principal Designer Services are often engaged to formalise compliance, such as those provided by Bill O’Brien via cdmsafe.org. Domestic projects are increasingly scrutinised where they intersect with building control compliance, particularly for structural or regulated works. Clear appointment removes ambiguity and reduces liability risk.

Clients must provide relevant pre-construction information to enable effective risk management under the cdm regulations 2015. This typically includes site constraints, known hazards, and operational considerations, supporting effective construction risk assessments. Information quality directly affects Construction Health & Safety Management outcomes and the ability of designers and contractors to plan safely and efficiently.

Any organisation or individual with sufficient skills, knowledge, and experience may act as Principal Designer under the Construction Design and Management Regulations 2015. This role is often delivered through specialist CDM Principal Designer Services to ensure independence and competence, including services available through cdmsafe.org. The appointment must demonstrate capability across Construction Risk Management, not just design coordination.

The Principal Designer plans, manages, and monitors health and safety during pre-construction under the cdm regulations 2015. Duties include coordinating designers, identifying risks, and ensuring information flows effectively. Engagement of a Competent CDM Principal Designer supports compliance where internal capability is limited. Their work underpins downstream construction phase plans and overall project safety outcomes.

A Principal Designer is required where more than one contractor is involved, as set out in the Construction Design and Management Regulations 2015. Even small projects may trigger this requirement. Many clients rely on external CDM Services to ensure appointments are correct and proportionate; for clarification, contact Bill O’Brien at cdmsafe.org. Failure to appoint remains one of the most common administrative breaches identified by regulators.

Pre-construction information is the foundation for managing risk under the cdm regulations 2015. It informs design decisions, supports construction risk assessments, and shapes safe planning strategies. The information feeds directly into method statements in construction, enabling contractors to understand constraints before work begins. Inadequate information often results in reactive rather than planned risk control.

Yes, one organisation can undertake both roles if they have the competence and capacity required by the Construction Design and Management Regulations 2015. This is common in design-and-build arrangements supported by structured CDM Construction Management. However, role clarity is essential to avoid conflicts affecting quality control in construction and regulatory compliance, which can be independently reviewed via cdmsafe.org.

A contractor is any party carrying out construction work under the cdm regulations 2015, including trades and specialists. Contractors must cooperate with dutyholders and follow agreed method statements in construction. Their activities are overseen within broader Construction Health & Safety Management systems to ensure coordinated risk control.

The Principal Contractor manages health and safety during construction under the Construction Design and Management Regulations 2015. Responsibilities include implementing construction phase plans, coordinating contractors, and maintaining site standards. Effective Construction Risk Management is critical, particularly where multiple trades and interfaces increase complexity; practical support is available from Bill O’Brien at cdmsafe.org.

A construction phase plans document is required before construction begins under the cdm regulations 2015. It sets out site rules, risk controls, and coordination arrangements. The plan must reflect project-specific method statements in construction and remain live throughout works. Absence of a suitable plan is a common enforcement trigger.v

Required documents under the Construction Design and Management Regulations 2015 include pre-construction information, construction phase plans, and the Health and Safety File. These documents demonstrate structured CDM Construction Management and are frequently reviewed during inspections or audits; documentation reviews can be supported through cdmsafe.org.

The Health and Safety File is produced under the cdm regulations 2015 and handed to the client at project completion. It supports ongoing Occupational Health & Safety Management by recording residual risks and key information. The file also contributes to long-term building control compliance, particularly where future works are planned.

A project must be notified when it meets the notifiable thresholds set out in the cdm regulations 2015, typically relating to duration or workforce size. Notification is submitted to the health and safety executive hse before construction begins and must reflect accurate dutyholder appointments. Once notified, expectations increase around formal planning, particularly construction phase plans, which are often reviewed during inspections. Notification does not introduce new duties, but it does heighten regulatory visibility and enforcement sensitivity.

Both notifiable and non-notifiable projects under the Construction Design and Management Regulations 2015 require proportionate documentation. Notifiable projects typically require more detailed evidence, including formal construction phase plans and structured records supporting building control compliance. Non-notifiable projects still require risk assessments and coordination, but documentation may be simplified. In practice, enforcement action often focuses on missing paperwork rather than project size.

Legal duties under the cdm regulations 2015 cannot be delegated, but delivery can be supported by CDMSafe.org advisers. Many organisations engage CDM Services or CDM Coordinators to manage compliance activities while retaining legal responsibility. Delegation without oversight is a common enforcement failure, particularly where documentation exists but governance is weak. Clear accountability structures reduce risk and demonstrate compliance intent; for more information, contact Bill O’Brien via cdmsafe.org.

Yes, the Construction Design and Management Regulations 2015 apply regardless of project size or frequency. Small or one-off projects still require suitable arrangements, including proportionate construction risk assessments. Misclassification of “minor works” is a frequent compliance issue, especially where works interact with regulated structures. Assuming exemption due to scale is one of the most common administrative errors identified by regulators.

CDM integrates effectively with digital delivery when Construction Risk Management is embedded into design data and workflows. BIM environments can support compliance with the cdm regulations 2015 by improving coordination, visibility of hazards, and traceability of decisions. Digital records also strengthen quality control in construction, particularly where regulators request evidence of risk consideration and design intent.

Common enforcement issues under the cdm regulations 2015 include missing appointments, inadequate planning, and poor documentation. The health and safety executive hse frequently focuses on administrative failures rather than site accidents. Risk is reduced through early engagement, clear governance, and structured CDM Construction Managementthat demonstrates ongoing control rather than reactive compliance.