Legal advice: new regulations for building and refurbishments
Are you planning a spring refurbishment? The Construction (Design and Management) Regulations 2007 came into force on April 6 and this may affect those refurbishments.
The new regulations replace the CDM 1994 Regulations and incorporate general construction safety regulations. Their purpose is to ensure that construction projects are properly managed and carried out safely.
Buildings and structures have to be designed to minimise risks to workmen and future users of the building.
If your building project involves construction then the regulations will apply. If it is expected to last more than 30 days or involve 500 person days (50 workers working for 10 days equals 500 person days, for example) then the project will be notifiable to the Health & Safety Executive (HSE) and you will have to appoint two specific duty holders - the CDM co-ordinator and a principal contractor.
As the person commissioning the works you are the 'client' under the regulations and you have specific legal duties to provide information to the designers, CDM co-ordinator (where appointed) and the contractors. Information covers things such as:
- asbestos in the premises
- hazardous substances
- hazardous areas
- operating procedures
- occupancy of the site
- safety procedures in place
- fire/emergency plans
- environmental factors.
Appoint only competent persons to undertake the tasks - a contractor who is required to demolish a structure must be able to demonstrate that they are experienced and competent, for example.
- Ensure the contractor has produced a health and safety plan before starting works.
- Check that welfare facilities are provided for the construction phase.
- Approve the overall management of health and safety during the project.
Construction activity is obviously quite hazardous but refurbishment can also result in death or serious injuries. These works are often poorly planned and carried out while the premises remain open to the public - increasing the safety hazards.
The CDM Regulations 2007 are fairly complex and it would be best to obtain professional advice - either from your architect, surveyor or property manager. Or contact a specialist lawyers or ourselves for advice on all aspects of the regulations and undertake the statutory duties of the new CDM co-ordinator.
The HSE has said that it will have no hesitation in prosecuting clients if they fail to carry out their duties appropriately. Some forward planning, good professional advice and a commitment to being in control of a safe project should hold you in good stead.
