Introduction
The Construction (Design & Management) Regulations 2015 (CDM 2015) are the primary regulations for managing health, safety and welfare on construction projects in the UK. They place specific responsibilities on clients, designers and contractors, with a key role being that of the Principal Designer. This post outlines what commercial clients undertaking fitout projects need to know about the Principal Designer role and their own responsibilities under CDM 2015.
When do the regulations apply?
CDM 2015 applies to all construction projects in Great Britain, regardless of size or duration. However, additional duties arise for projects that are:
- Notifiable to the HSE (lasting longer than 30 working days with more than 20 workers simultaneously, or exceeding 500 person days)
- Involve more than one contractor (including subcontractors)
For commercial fitout projects, the regulations almost always apply in full, as these typically involve multiple contractors and often meet notification thresholds.
The Principal Designer Role
The Principal Designer (PD) is appointed by the client on multi-contractor projects and must be a designer with control over the pre-construction phase. Their key responsibilities include:
- Planning, managing, and coordinating health and safety during the pre-construction phase
- Identifying, eliminating or controlling foreseeable risks
- Ensuring designers carry out their duties
- Preparing and providing relevant information to other duty holders
- Liaising with the Principal Contractor regarding ongoing design
- Assisting the client in preparing the pre-construction information
- Preparing the health and safety file
For fitout projects, the Principal Designer plays a crucial role in ensuring that design decisions consider health and safety implications, not just during construction but throughout the lifecycle of the installation, including maintenance and eventual removal.
Client Duties
As a commercial client undertaking a fitout project, your key duties include:
- Making suitable arrangements for managing the project, including allocating sufficient time and resources
- Appointing a Principal Designer and Principal Contractor as soon as practicable
- Ensuring a Construction Phase Plan is prepared before construction begins
- Ensuring the Principal Designer prepares a Health and Safety File
- Providing pre-construction information to every designer and contractor
- Ensuring welfare facilities are provided
- Verifying that those you appoint have the skills, knowledge, experience, and (where relevant) organizational capability to fulfill their roles
It’s important to note that clients cannot delegate their CDM duties to others, though they can seek professional advice to help fulfill them. For commercial fitout projects, appointing a competent Principal Designer at the earliest opportunity ensures that health and safety considerations are integrated from the beginning, potentially saving time and costs while creating a safer working environment.