CDM 2015 has now been in force for over a decade. While most contractors are aware they have duties under the regulations, the practical application often becomes unclear once projects get busy and pressure increases.
The Building Safety Act 2022 added another layer of responsibility. Many contractors still have an incomplete picture of how the two pieces of legislation interact and what this means for the way they plan and deliver work.
CDM 2015 – Core duties that still get missed
Under CDM 2015, contractors have clear duties regardless of the size of the project or the size of the company. These duties do not reduce just because a business is busy or growing.
Key contractor duties under CDM 2015
- Plan, manage and monitor construction work under their control so that it is carried out without risks to health and safety
- Ensure that workers have the necessary skills, knowledge, training and experience to carry out the work
- Provide appropriate supervision, information and instructions
- Prevent unauthorised access to the construction site
- Provide suitable welfare facilities
- Cooperate with the Principal Contractor and other contractors on site
- Provide information for the health and safety file where required
One of the most common areas where contractors fall short is in properly understanding their role when they are acting as Client on their own projects, or when they are appointed as Principal Contractor. In both situations, the duties are more significant than many realise.
Building Safety Act 2022 – What contractors actually need to understand
The Building Safety Act 2022 introduced a new regulatory regime focused on higher-risk buildings. However, its implications are wider than many contractors assume.
Higher-risk buildings under the Act are generally defined as buildings that are at least 18 metres in height or have at least 7 storeys and contain at least two residential units. The new regulatory regime (including the Gateway process) applies to the design, construction and major refurbishment of these buildings.
However, the Act has broader effects that can impact work on other building types as well. These include:
- Increased expectations around competence of designers and contractors
- Stronger requirements for record keeping and evidence of compliance
- Changes to the building control system that affect how some projects are managed
- Greater scrutiny of fire safety and structural safety considerations during design and construction
Even on projects that are not higher-risk buildings, contractors can still be affected if the work involves fire safety measures, structural alterations, or interfaces with higher-risk buildings.
Common mistakes contractors make
Frequent issues seen in practice
- Assuming that because a project is not a higher-risk building, the Building Safety Act has no relevance
- Not properly understanding when they are acting as Client and what duties this brings
- Weak or informal appointments when taking on Principal Designer or Principal Contractor roles
- Treating Construction Phase Plans as a paperwork exercise rather than a live management tool
- Poor communication of Pre-Construction Information through the supply chain
- Limited or inconsistent checking of subcontractor competence
- Not notifying notifiable projects to the HSE when required
- Failing to keep adequate records that may be needed later to demonstrate compliance
Being proportionate while still getting it right
Contractors sometimes either over-complicate their systems or under-estimate what is required. The most effective approach is usually to focus on the risks that are actually present on the projects you deliver, rather than trying to apply the same level of process to every job regardless of risk.
At the same time, there is a clear expectation that companies will be able to demonstrate how they manage health and safety, particularly on projects that involve higher-risk activities or interfaces with higher-risk buildings.
Good compliance with CDM 2015 and awareness of Building Safety Act implications does not require overly complex systems. It does, however, require clear understanding of the duties, consistent application on site, and the ability to demonstrate how risks are being managed.