New Construction Design and Management Regulations 2015, Will They Affect You?

Wake Smith Solicitors 19 February 2015

The Construction (Design and Management) Regulations 2015 ("CDM 2015") will come into force on 6 April 2015 replacing the Construction (Design and Management) Regulations 2007. The CDM 2015 will apply to all construction projects and property development ending the small project exemption contained in the 2007 regulations. The CDM 2015 place a greater emphasis on the client (defined in the regulations as "any person for whom a project is carried out") and the client's duties, making them responsible for making suitable arrangements for the management of the project and for ensuring that the contractors and designers comply with their obligations under the CDM 2015. These duties apply before, during and after the carrying out of the works and a breach of these duties can result in criminal sanctions. Works such as a tenant's fit out works at the start of a lease will be covered by the CDM 2015 and a landlord should therefore be aware of potential obligations that it may incur when granting consent to such works. We would always recommend a formal licence for alterations is entered into documenting the consent and requiring the tenant to comply with the client's obligations under the CDM 2015. The CDM 2015 also require the preparation and maintenance of a health and safety file in relation to the project. In the case of a multi-let building where the landlord retains repairing obligations in respect of parts of the building it may be appropriate for the landlord to be given the health and safety file on completion of the project. In any event the landlord will want an obligation on a tenant to hand over the file at the end of the lease. For further information please contact Ben Spencer at [email protected] or on 0114266 6660.



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