CDM 2015—transitional provisions
CDM 2015—transitional provisions

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • CDM 2015—transitional provisions
  • No CDM co-ordinator appointed on 6 April 2015
  • CDM co-ordinator already appointed on 6 April 2015
  • No principal contractor appointed on 6 April 2015
  • Principal contractor already appointed on 6 April 2015
  • Projects with only one contractor
  • Other transitional provisions

The Construction (Design and Management) Regulations 2015, SI 2015/51, (CDM 2015) apply to both projects which commenced after they came into force on 6 April 2015 and also to projects which were already in progress when CDM 2015 came into force. This Practice Note examines the application of CDM 2015 to projects which had already commenced prior to 6 April 2015 and to which the transitional provisions set out in CDM 2015 therefore applied. For more about CDM 2015 generally, see Practice Note: Construction (Design and Management) Regulations 2015.

The transitional provisions in CDM 2015 addressed certain regulations in respect of which allowance was made during the first six months after CDM 2015 came into force. The other regulations in CDM 2015 had to be complied with from 6 April 2015 with no such allowance. Duty holders could choose to implement CDM 2015 straight away, even where the transitional arrangements would otherwise have applied.

No CDM co-ordinator appointed on 6 April 2015

CDM 2015, Sch 4, para 3(1) set out transitional provisions which applied to projects where, immediately before 6 April 2015:

  1. the construction phase had started

  2. no CDM co-ordinator had yet been appointed under CDM 2007, and

  3. there was more than one contractor working on the project (or it was reasonably foreseeable that there would be more than one). This