UK: New Health And Safety Duties For Developers

Last Updated: 31 May 2007

The existing Construction (Design and Management) Regulations 1994 and the Construction (Health, Safety and Welfare) Regulations 1996 are replaced by the Construction (Design and Management) Regulations 2007 ("the new Regulations"), which came into force on 6 April 2007.

What are the Client’s New Duties

Under the new Regulations, a client must:

  • check the competence of all duty holders including the CDM Coordinator, Designer and Principal Contractor
  • ensure that a CDM Co-ordinator1 and principal contractor are appointed (if not client is deemed to be appointed and to have their respective responsibilities);
  • ensure that designers and contractors are promptly provided with "pre-construction information" in the client’s possession.
  • provide the CDM Co-ordinator (see below) with all the health and safety information in its possession which is likely to be needed for the health and safety file.
  • ensure that the construction phase does not start unless the principal contractor has prepared a construction phase plan and the client is satisfied that the regulations relating to the provision of welfare facilities will be complied with.

The client also has a general duty to take "reasonable steps" to ensure that the arrangements for managing the project (including the allocation of sufficient time and other resources) are suitable to ensure that the construction work can be carried "so far as is practicable" without risk to health and safety of any person.

What are the consequences for breaching the new Regulations?

As with the Regulations they replace, there is no civil liability for breach (with the exception of claims by employees against employers) but a breach, particularly if it leads to an accident on site, is likely to be the subject of criminal prosecution by the Health and Safety Executive. The potential penalty for breach leading to a criminal prosecution is an unlimited fine in the Crown Court.

What projects will be covered?

The Regulations will apply to all projects involving construction work lasting for more than 30 days or involving more than 500 person days of construction work.

What steps should be a client take to prepare for the new Regulations?

  • Consider the relevant health and safety matters at an early stage in the project.
  • Collate all relevant health and safety information at an early stage and provide it to the CDM Co-ordinator and designers.
  • Appoint a CDM Co-ordinator (if a Planning Supervisor is not already in post) and a Principal Contractor
  • Assess and document the competence of the CDM Coordinator and Principal Contractor that he appoints
  • Ensure that the project is managed in accordance with the new Regulations from 6 April onwards
  • Clients also need to review their standard terms of appointment and contracts and should consider new terms of appointment for the appointment of CDM Coordinators and ensure these are agreed and finalised at an early stage of any project (NB: JCT has issued Amendment 1 to the JCT 2005 suite of contracts to take account of the new regulations).

What must the client do to assess the competence of CDM Co-ordinators, designers and principal contractors?

In summary, the client should:

  • Carry out an assessment of the competence of all those engaged under the new Regulations
  • Make reasonable enquiries to check that an organisation or individual appointed under the Regulations can allocate adequate resources to satisfy their duties under the new Regulations.
  • Document that the assessment has been carried out and the basis upon which the assessment has been made.

The overriding consideration is to ensure that the individual organisation to be appointed has the competence to carry out the work required of them safely. The Approved Code of Practice for the new regulations sets out a range of matters that should be taken into consideration when carrying out these assessments.

What should the client include in the pre construction information?

  • any information affecting the site or the construction work
  • any information concerning the proposed use of the structure as a workplace
  • the minimum amount of time that will be allowed to the contractors for planning and preparation of construction work
  • any information in an existing health and safety file.

What does the client have to do before the construction phase can begin?

The client must check that suitable welfare facilities have been provided on the site and that the principal contractor has prepared the construction phase plan. The client is obliged to check that the construction plan complies with the new Regulations with assistance from the CDM Co-ordinator.

Are there any specific duties which fall outside the client’s responsibilities?

The client is not required to:

  • Plan or manage construction projects themselves
  • Specify how work must be done
  • Provide welfare facilities for those carrying out construction work (although note that the client has to ensure that these facilities have been provided before construction phase starts).
  • Check the designs to make sure that the designer has complied with his duties under the regulations and visit the site to supervise or check construction work or standards


1 The new Regulations introduce a new role of CDM Co-ordinator in place of the planning supervisor, who will have a number of important additional responsibilities, giving him a pivotal role within the project team. The CDM Co-ordinator will be required to "identify and extract" all information required to secure the health and safety of anyone engaged in construction work and those who are likely to be affected by the way in which that work is carried out as well as identifying and extracting information to assist the client, to perform its duties under the new Regulations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.