Construction, design and management regulation change

26 March 2015

Construction health and safety legislation will undergo a radical change on 6th April 2015 with the introduction of the Construction, Design and Management (CDM) regulations 2015. So how have these changes come about, what are they and how will they impact on the roles of the various parties involved in a construction contract? What insurance implications also need to be considered?

Some 20 years ago, on 31st March 1995, construction health and safety legislation underwent significant change with the introduction of the CDM regulations 1994 following the publication of a European Directive on the minimum health and safety standards for temporary or mobile construction sites. The regulations were intended to more clearly integrate health and safety during the whole lifecycle of the construction project, rather than just the construction phase. CDM regulations 1994 did not confer a right of civil liability for injury claims, other than where work was permitted to start where no effective health and safety plan was in place, or where unauthorized persons were allowed on site. However breaches of the legislation could lead to criminal prosecution.

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For further information, please contact Terry Edwards, Partner, Real Estate on +44 (0)20 7528 4237