CDM Regulations 2015—the role of designer
Produced in partnership with Gowling WLG
CDM Regulations 2015—the role of designer

The following Construction practice note Produced in partnership with Gowling WLG provides comprehensive and up to date legal information covering:

  • CDM Regulations 2015—the role of designer
  • Who is a designer?
  • Available guidance
  • When do the duties apply?
  • General duties
  • Informing the client
  • Prepare and modify designs for health and safety
  • Eliminate, reduce or control risk
  • Regulatory compliance
  • Co-operate and co-ordinate with other duty holders and provide information

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 Construction (Design and Management) Regulations 2015 (the ‘Regulations’) therefore impose duties on the designers to avoid foreseeable risks to those involved in constructing, maintaining and using the building.

Who is a designer?

The Regulations refer to designers as being an organisation or individual who ‘prepares or modifies a design’ (or instructs or arranges for another under his control to do so). The definition of 'design' in regulation 2 of the Regulations is broad and includes 'drawings, design details, specifications and bills of quantities… relating to a structure, and calculations prepared for the purpose of a design.'

The Regulations only apply to a designer who is acting in the course or furtherance of a business.

Certain professionals may expect to fall within the definition of a ‘designer’, this is likely to include architects and other key consultants and contractors who design key structural components such as the electricity or plumbing systems but may also extend to quantity surveyors.

However, others may be surprised to learn that they also have potential duties under the Regulations. The Construction Industry

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