CDM Guide For Developers And Housebuilders

If you're a developer or housebuilder in the construction industry, you need to comply with CDM.

The Construction (Design & Management) Regulations (often referred to as CDM) apply to every construction project in Great Britain. No matter how small or big, how short or long. Every project.

CDM should be straightforward. But when it comes to knowing how the regulations apply to you, it can be confusing if you're project doesn't fit the traditional team:

• Client
• Architect as principal designer
• Builder as principal contractor

And not every project does...

What about if you are the client and the builder?

CDM for developers

CDM applies to developers in the same way it applies to all other construction projects, it's just more likely you will have multiple CDM roles to comply with.

For example, you might be developing a plot you own, or doing up a house you own to sell. Since it's your site, you're the client. And if you're the builder too, or if you're bringing in contractors and managing the project yourself, then you might also be the principal contractor.

In some cases, you might also be the principal designer. For example in a simple refurbishment project or where you have an in-house design team.

For developers, CDM can seem like a lot to handle. Often you might be taking on more than one CDM duty holder role. You might even be taking on them all... that's a lot of duties!

But since each duty holder needs to share information, being the same person or business can make cooperating and coordinating a simple job - after all, you're communicating with yourself.

Let's take a look at how CDM applies to developers and housebuilders.

You are the client

The first thing you should know about CDM if you're a developer is, chances are, you are the client. This means you will have client duties under CDM.

Every project has a client. The client is the person holding the purse strings. And this is the person who the project is carried out for. If you are a developer, and you have purchased some land or a building to develop, the project is being carried out for you. You are the client.

“client” means any person for whom a project is carried out;

What does being the client mean? It means you need to complete the CDM duties of the client. This includes things like:

• Allowing adequate time and resources
• Preparing the client brief
• Notifying the HSE
• Appointing other duty holders
• Completion and handover arrangements

Get a free step-by-step guide on CDM client duties.

Some of the client duties might even be a little easier for developers. For example, appointing the principal designer and principal contractor is fairly straightforward when you are appointing yourself! And communicating and sharing information with yourself is also a simple process. Bonus!

You are not a domestic client

Sometimes there can be confusion surrounding CDM domestic clients.

Domestic clients have fewer duties under CDM, but if you are a developer you won't be classed as a domestic client. Even if you are building residential or domestic properties. You are only a domestic client if the work is on your own home, that you live in and don't plan to sell or rent.

As a developer, your project is probably in the course of a business, e.g. to sell or rent, which excludes you from being a domestic client. So if you're a housebuilder, or if you are developing a property to sell or rent, you're not a domestic client.

You might be the principal designer

We say you might be the principal designer because this isn't necessarily the case. Sometimes as a developer, you may take on the role of principal designer yourself. This could be because you don't appoint an outside architect, e.g. a straightforward refurbishment where you handle the specification and design yourself. Or your design team is in-house.

A principal designer is required on any construction project with more than one contractor (including subcontractors). That's not more than one contractor on-site at the same time, it's more than one contractor throughout the whole project. Most projects use more than one contractor. Groundworkers, scaffolders, electricians, plumbers and other specialists. So most projects need a principal designer appointed.

If you're not appointing someone else as the principal designer, then you are the principal designer.

With this comes - you guessed it - more duties under CDM. Duties like:

• Coordinate the pre-construction phase
• Preparing the pre-construction information
• Identify, eliminate and control foreseeable risks
• Ensure designers comply with CDM
• Prepare the health and safety file

Get a free step-by-step guide on CDM principal designer duties.

As a principal designer, getting information from the client is much easier when you are the client. You are getting information from yourself!

You are the principal contractor

What, another CDM role? Yep, that's right. As a developer, you're probably going to be the principal contractor. Maybe you're doing most of the work yourself. Or maybe you're managing other contractors. Either way, if you're taking charge of things and running the show on the site, you're the principal contractor.

Like the principal designer role, a principal contractor is required on any project with more than one contractor.

As a developer, you might bring in other trades as and when you need them. Or you might have contractors in from day one. Either way, when you have multiple contractors, you need a principal contractor appointed on your project.

The principal contractor is the person or business in overall control of the construction phase. As the principal contractor, you're responsible for things like:

• Preparing the construction phase plan
• Organising contractor's work
• Providing welfare facilities
• Managing the construction phase
• Providing inductions and site security
• Providing information for the health and safety file

Get a free step-by-step guide on CDM principal contractor duties.

A principal contractor is the organisation or person that coordinates the work of the construction phase of a project involving more than one contractor, so it is carried out in a way that secures health and safety. They are appointed by the client and must possess the skills, knowledge, and experience, and (if an organisation) the organisational capability to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.

You might be a designer

In addition to the fact you might be the principal designer, you also might be a designer. If you are the principal designer, then you almost certainly will also have designer duties.

Every designer in a construction project has designer duties under CDM, including:

• Identifying, eliminating and controlling foreseeable risks
• Providing design information
• Cooperating with other duty-holders

Get a free step-by-step guide on CDM designer duties.

You are a contractor

If you're the principal contractor, you also have contractor duties. If you carry out construction work, you also have contractor duties. And if you're a developer or a housebuilder, you are also a contractor under CDM.

Even if you don't carry out any construction work yourself, you are considered a contractor under CDM if you manage or control construction work (e.g. if you are a developer managing the work of other contractors on your project).

“contractor” means any person (including a non-domestic client) who, in the course or furtherance of a business, carries out, manages or controls construction work;

And just like designers, all contractors have CDM duties. These contractor duties include:

• Cooperating with other duty-holders
• Complying with the construction phase plan
• Providing management and supervision
• Providing information for the health and safety file

Get a free step-by-step guide on CDM contractor duties.

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Being involved in all areas of your project can mean you can make a real difference in creating a safe construction site. It might seem like a lot to cover, but you should find some overlap between each role.

Read our free step-by-step CDM duty holder guides to help cover your CDM requirements, and use the free CDM checklist for your projects.