The Construction (Design and Management) Regulations 2015, also known as the CDM Regulations, came into force on 6th April 2015. Its main purpose is to protect the health, safety and welfare of people involved in construction work. The scope of the CDM can prove problematic for organisations, which sometimes struggle with the exact interpretation of the term ‘construction work’ and whether CDM applies to them.

This short article aims to clarify a number of key terms and to enable organisations to better understand how CDM applies to their activities, as it will apply for the vast majority of organisations.

It’s common to think of CDM and construction as applying to new building projects, but it equally applies to maintenance, renovations, repairs and demolition works, as well as works involving fixed services.
Application
CDM applies to all construction work, no matter how large or small, how short or long in duration, or whether the work is commercial or domestic (N.B. domestic DIY projects are exempt from CDM, however significant work may require building control approval).

The regulations refer to ‘construction projects’ and its often asked whether short duration construction tasks should be viewed as a ‘project’. The simple answer is yes, any construction works are considered projects, regardless of duration and complexity, including:

Construction work encompasses a wide range of tasks related to building and structural engineering, including the creation, modification, and maintenance of structures. The list of structures goes beyond buildings and includes docks, pipelines, cables, river works and masts, as well as any other structure similar to those listed in regulation 2.
CDM duty holders and project phases
Under CDM, a number of roles are established:

N.B. When a project involves more than 1 contractor, a principal designer (PD) and principal contractor (PC) must be appointed. One organisation may fulfil multiple roles under CDM, for example, a building company may be both the designer and contractor for the project.

A summary of the key duties of duty holders and general requirements for all construction sites can be found in The Construction (Design and Management) Regulations 2015 on the Legislation Update Service.
Key points to remember

Given the wide-reaching scope of CDM, it applies to virtually every organisation even if only through client duties.

If you’re a LUS subscriber and have any questions on how to ensure you fulfil your duties under CDM you can submit a Helpline on LUS for support.
Not a subscriber to the Legislation Update Service? Find out more here about the benefits of a subscription.

Jurisdiction: United Kingdom

Commencement: 20th July 2022

Amends: The Construction Products Regulations 2013
Mini Summary

The Construction Products Regulations 2013 provide an enforcement and penalty regime in the United Kingdom to ensure that construction products placed on the UK market are safe and compliant with safety standards.

The duties apply to manufacturers, importers and suppliers of construction products, but not to users.

Note about terminology

These Regulations implement Regulation (EU) 305/2011 laying down harmonised conditions for the marketing of construction products (referred to below as ‘the EU Construction Products Regulation’). Since 1st January 2021, the EU Construction Products Regulation has been replicated into law in Great Britain as the GB Construction Products Regulation. Therefore, when reading this entry be careful to differentiate between:

Overview – The Construction Products Regulations 2013

The Construction Products Regulations 2013 originally provided for enforcement of the EU Construction Products Regulation within the UK.

Since 1st January 2021 The Construction Products Regulations 2013 have been amended so that they implement the GB Construction Products Regulation within Great Britain only.

The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘EU-UK Withdrawal Agreement’) and the associated Northern Ireland Protocol provide that Northern Ireland continues to apply EU rules. Therefore the EU Construction Products Regulation continues to apply in Northern Ireland.

Ongoing implementation of the EU Construction Products Regulation in Northern Ireland is now covered by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020. Implementation of the EU Construction Products Regulation in Northern Ireland remains very similar to implementation of the GB Construction Products Regulation in Great Britain. This entry therefore also describes the duties which apply in Northern Ireland as set out in The Construction Products (Amendment etc.) (EU Exit) Regulations 2020.

Overview – the EU Construction Products Regulation

The EU Construction Products Regulation provides for construction products to comply with harmonised safety standards or, where no direct standard exists, with a ‘European Assessment Document’. The Regulation requires conformity assessment of various types of construction product placed on the EU market and for those products to be CE marked and an EU Declaration of Conformity to be prepared.

Overview – the GB Construction Products Regulation 

The GB Construction Products Regulation generally mirrors the EU Construction Products Regulation, but with some modifications in terminology.

The GB Construction Products Regulation requires construction products to comply with safety standards or, where no direct standard exists, with a ‘UK Assessment Document’. The Regulation requires conformity assessment of various types of construction product placed on the GB market and for those products to be UK CA marked and a Declaration of Conformity to be prepared. As at 1st January 2021 the safety standards are the same standards as required in the EU Construction Products Regulation. It is possible that the GB and EU standards may diverge in the future.

 

Duties

Various duties apply.

 

Amendment

These Regulations amend The Construction Products Regulations 2013 and The Construction Products (Amendment etc.) (EU Exit) Regulations 2020  (see below).

The definition of enforcement authority is amended.

  • For Great Britain, the enforcement authority is the local weights and measures authority or the Secretary of State.
  • For Northern Ireland, the enforcement authority is the district council in Northern Ireland or the Secretary of State.

The Secretary of State is given enforcement powers, as set out in regulation 14.

The enforcement authority must notify the Secretary of State of any suspension notices that have been issued and any applications for forfeiture. This requirement does not apply where the enforcement authority is the Secretary of State.

There are no changes to duties for organisations.

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: Great Britain

Commencement: 14th February 2022

Amends: The Road Vehicles (Construction and Use) Regulations 1986
Mini Summary

The Road Vehicles (Construction and Use) Regulations 1986 aims to ensure that vehicles are made to high standards, to ensure that such standards are maintained while in use and that they are roadworthy.

The Regulations state that it is an offence to use a road vehicle if it is emitting smoke, visible vapour, grit, sparks, ashes, cinders or oily substances in such a way as is likely to cause damage to property or injure any person.

The Regulations draw upon European Directive requirements relative to emissions from vehicles.
Duties
Emissions levels shall be checked as part of the annual MOT for cars and roadworthiness checks for HGVs and stipulate for:

Petrol engine vehicles first used on or after 1st August 1975 and before 1st August 1986, CO should not exceed 4.5% of total exhaust emissions by volume and HC 0.12 volume. Those used after 1st August 1986 and before 1st August 1992, Co not to exceed 3.5% and HC 0.12% respectively.

For diesel fuelled passenger cars and light commercials less than 3,500 kg, first used before 1st August 1995 visual inspections only required. For all other diesel vehicles maximum smoke value to be 3.0 per metre or for turbos 2.5 per metre.

For petrol vehicles first used on or after 1st August 1992 and other vehicles 1st August 1994 listed in DETR publication In Service Exhaust Emission Standards for Road Vehicles, will be required to meet emissions limits specified by the manufacturer.

 

Amendment

Changes are made to regulation 110 (mobile telephones) of The Road Vehicles (Construction and Use) Regulations 1986, which prohibits the use of hand-held mobile phones or other ‘interactive communication devices*’ when driving.

*Interactive communication devices perform similar functions to a mobile phone, such as sending and receiving spoken or written messages and media.

From 25th March 2022, any use of hand-held mobile phones or similar devices whilst driving(including taking photos or searching for music stored on the device) is prohibited.

A new exemption is introduced, allowing drivers to use hand-held mobile phones or similar devices to make contactless* payments for goods and services when the vehicle is stationary, e.g. at a drive through food outlet.

*Contactless payment means a payment made at a contactless payment facility using a card, mobile phone or other device.

This amendment has no direct relevance to environmental matters.


Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: Republic of Ireland

Commencement: 15th October 2021

Amends:

Mini Summary

The Safety, Health and Welfare at work (Construction) Regulations 2013 create requirements for the management of health and safety in construction projects.

Amendment

Changes are made to extend the expiry dates on safety awareness registration cards as outlined below.

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: UK

Commencement: 1st February 2021

Amends: The Road Vehicles (Construction and Use) Regulations 1986
Mini Summary
The Road Vehicles (Construction and Use) Regulations 1986 aim to ensure that vehicles are made to high standards, to ensure that such standards are maintained while in use and that they are roadworthy. The Regulations state that it is an offence to use a road vehicle if it is emitting smoke, visible vapour, grit, sparks, ashes, cinders or oily substances in such a way as is likely to cause damage to property or injure any person.
Amendment
Th1986 Regulations are amended to ban the use of tyres aged 10-years and older on the front axles of certain vehicles, such as heavy goods vehicles, buses and coaches.

 

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

Jurisdiction: Republic of Ireland

Commencement: 3rd April 2020

Amends: Safety, Health and Welfare at Work (Construction) Regulations 2013 (SI 291/2013)

 
Mini Summary
The Safety, Health and Welfare at Work (Construction) Regulations 2013 contain the main requirements to ensure the protection of the health, safety and welfare of people working on construction sites. Parts 4-14 provide very detailed requirements in relation to specific issues on construction sites.
Amendment
Extensions to the expiry dates on safety awareness registration cards from the SOLAS Safe Pass training programme* during the Coronavirus (COVID-19) pandemic are introduced. If a safety awareness registration card from that programme expires after the 1st of March 2020, the card is considered to still be valid. This is to ensure that people can remain qualified under the SOLAS programme while cards cannot be renewed as a result of the pandemic.

*The SOLAS Safe Pass training programme is health and safety awareness training to enable people to work onsite without being a risk to themselves or others. Under the Safety, Health and Welfare at Work (Construction) Regulations 2013, all construction workers in Ireland, including apprentices and trainees, are legally required to hold a valid Safe Pass Registration Card. It is important to note that SOLAS are not the only authorised body that can issue registration cards, but registration cards issued by SOLAS are the only ones covered by this amendments extension.

 

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.