Legal

CDM and Building Safety Guidance for Clients

Thank you for the opportunity to provide professional services in connection with the above project. Before we commence any services, it is important to ensure that you, as the client, are aware of your legal duties under the Construction (Design and Management) Regulations 2015 (CDM Regulations) and the Building Regulations etc. (Amendment) (England) Regulations 2023, introduced under the Building Safety Act 2022.

Your Legal Duties as a Client

You have a central role in ensuring that your project is designed and delivered safely and in compliance with the law. These responsibilities apply regardless of the size or scope of the project.

1. Making Suitable Arrangements

You must make and maintain suitable arrangements for the planning, management and monitoring of your project. These arrangements must include:

• Allocating sufficient time and resources.
• Ensuring that design and construction work will, if followed, result in a building that complies with all relevant requirements of the Building Regulations.
• Ensuring that the work can be done safely, so far as reasonably practicable.
• Ensuring designers and contractors collaborate and cooperate effectively.
• Periodically reviewing the design and work to assess if it involves or becomes higher-risk building work.
• Ensuring appropriate welfare facilities (as required by Schedule 2 of the CDM Regulations) are provided.

Your arrangements must be in place before any work begins and must be kept under review as the project progresses.

2. Appointment of Dutyholders

You must appoint the following dutyholders in writing before the construction phase begins, where applicable:

• A Principal Designer – responsible for planning, managing and coordinating the design phase.
• A Principal Contractor – responsible for planning, managing and coordinating the construction phase.

These appointments apply under both CDM and Building Regulations. You can either appoint separate individuals or organisations under each regime, or certify that the same party will fulfil both roles, provided they are competent under both sets of duties.

If you fail to make an appointment, you automatically take on those duties yourself.

3. Providing Key Information

You must ensure that the following information is provided to designers and contractors:

• Pre-construction information – including surveys, existing records, constraints, risks and any relevant health and safety information.
• Building information – including any specific site or design details relevant to compliance and safety.
• Notification of higher-risk building work – if the project includes (or becomes) a higher-risk building (e.g., high-rise residential), you must inform all dutyholders of this and provide full details.

You must also submit a building control application before any relevant building work begins, and cooperate fully with the Building Safety Regulator where applicable.

4. Ensuring Competence of Appointees

You have a duty to ensure that anyone you appoint – including designers, contractors, and Principal Designers/Principal Contractors – are competent, meaning:

• They have the necessary skills, knowledge, experience and behaviours (SKEB).
• Their organisation has the necessary capability and management systems to fulfil their duties effectively.

Under the 2023 regulations, dutyholder competence is a statutory obligation and is especially important for projects involving higher-risk buildings.

5. Cooperation and Oversight

You must:

• Cooperate with all persons involved in the project to enable them to carry out their duties effectively.
• Oversee the project to ensure compliance is maintained.
• Ensure that the golden thread of information is preserved, especially for higher-risk buildings (i.e. maintain a clear record of design and construction decisions throughout the life of the building).

6. Gateway Requirements (Higher-Risk Buildings Only)

For projects involving higher-risk buildings (e.g. residential buildings over 18m or 7 storeys with 2+ dwellings), you must comply with additional requirements under the Building Safety Act, including:

• Gateway One: Planning application must include fire safety considerations.
• Gateway Two: No construction work may begin without building control approval by the Building Safety Regulator.
• Gateway Three: Completion certificates will be issued only if the Regulator is satisfied with compliance.

Conclusion

You, as the client, are legally responsible for setting the tone and structure of a safe, well-managed, and compliant construction project. We are happy to assist you in meeting these duties, and we recommend appointing dutyholders as early as possible.

Please contact us if you would like to discuss finding a suitable third party to act as Principal Designer, or if you would like assistance reviewing your arrangements for compliance.