The following Construction practice note Produced in partnership with Gowling WLG provides comprehensive and up to date legal information covering:
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Note: The Construction (Design and Management) Regulations 2015, SI 2015/51 came into force on 6 April 2015, replacing the Construction (Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction (Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [Archived].
Designers have an integral role in the development of a project and have a large influence on the way in which a project will evolve, from the initial architectural plans through to the choice of roofing materials. Each stage of a construction project is likely to involve an element of design, and the Regulations therefore impose duties on the designers to avoid foreseeable risks to those involved in constructing, maintaining and using the building.
Please note that any reference to the term ‘client’ is synonymous with ‘employer’ as used in other Practice Notes in this context. ‘Client’ is used here to facilitate reference to the Construction (Design and Management) Regulations 2007, SI 2007/320 (the Regulations).
The Regulations refer to designers as being any person who ‘prepares or modifies a design’ (or instructs or arranges for another under his control to do so). The design may relate to a structure or product or mechanical or electrical system intended for a particular structure.
The Regulations only apply to a designer who is acting in
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