Designing Buildings - User contributions [en]

Stakeholders Concerns

2016-05-10T18:28:33Z

J.stark.pringle:

Stakeholders Concerns

By ignoring local residents, there are significant risk to the client that they will likely to lobby to the local planning authority and cause grounds for refusal or simply delay the planning process.

Although they may not have any commercial interest in the development. However, a propose development in the area will provide amenity amongst the public.

Communication is critical and it may be worth the client, with the help of the architect arranging a meeting with the local community to describe in detail the proposals and how it will enhance the area. It will help to satisfy and raise concerns they have in the surrounding development.

It is a good idea to establish a single point of contact with the public in which information can pass through, as it is better than dealing with individuals.

= =

== Briefing ==

Briefing is incredibly important in the design process, as it identifies the needs for the client and various stakeholders. In a way that it can be effective in which those can be managed and fulfilled.

== Key stakeholders: ==

* Commercial unit, it is critical to understand their needs in a special and operational need that they require for the efficient running of the unit. A series of meetings would be required to clearly develop their requirements. A visit to a similar sized unit would also give some guidance on their unit requirements.

* Client, it is key to establish the client’s needs and objectives for the project to allow correct decisions to be made. This will ensure that the client get the building that they want. A series of meetings will be required to build up a relationship with the client and help them to develop a statically brief for the project. The document will cover the design intentions as well as identifying the range of consultants required for the project.

= =

Drafting a Letter

Your Name, address, mobile number, e-mail, date : companys name, address, dear sirs

Thank you for your recent e-mail accepting our fee proposal for the residential project in Westminster. We very much looking forward in working alongside you to realise this exciting project.

In order to progress the project we are required to enter into a written agreement under the RIBA and ARB code of conduct. We would suggest our appointment is carried out under the appointment contract by the RIBA, RIBA Agreements 2010 (2012 revision). We have attached a copy for your information and consideration.

The RIBA Agreement is essential to avoid any misunderstandings about what is provided as part of our fee. It clearly states our scope of works and the arrangements for payment of fees.

Site visits are not included in our fee and we would suggest these to be included as expenses, should you wish us to visit the site before and during construction.

We would be grateful if you could review the attached agreement and sign and return a copy to signify your agreement.

Should you have any queries about anything within the attached agreement, please so not hesistate to contact me.

Yours Sincerely, name

Fee forecasting for design and construction

2016-05-10T18:24:12Z

J.stark.pringle:

This article needs more work. To help develop this article, click 'Edit this article' above.

= Introduction =

Fee forecasting is crucial to running a business as it allows the future financial position to be assessed and it ensures that records are maintained of potential fees.

Fee income can be categorised as 'captive fees' or 'possible fees'.

Taking the time to forecast and plan your sales activity will help your business:

* Better understand seasonal peaks and troughs
* Determine your actual cost of sale
* When to order new inventory
* What is the best time to launch a new product
* Is it the right time to develop a new product
* Whether you need additional staff
* When can you afford to hire them plus so much more

= Captive fees =

Captive fees are fees which will be definitely be chargeable as they are covered by a contractual agreement. They are contractually agreed fees for current projects.

A captive fee forecast can be made and will highlight the fees which the practise plans to invoice. In addition it will give an indication of how busy the practise will be in the medium/long term, and in doing so, help assess resource allocation and provide a measure risk.

Some practices assess risk to the business on the basis that if captive fees will break-even for a period of approximately six months then the situation is satisfactory. If the captive fee forecast reveals that income will only break even for three months then it may be considered high risk and so it may be necessary to devote more time to seeking new jobs.

= Possible fees =

All future fees that a practice merely 'hopes' to earn, and are not ‘certain’ income, should be categorised as possible fees. This can include project bids, projects waiting for final sign-of from the client and so on.

Possible fees can be assessed by quantifying the probability that they will become captive fees. This allows for a possible fee forecast to be produced estimating likely future fee levels. This will help future planning, for example whether recruitment is necessary or how much time to devote to marketing to ensure that new work is in the pipeline.

By monitoring captive fees and possible fees a practice can obtain a good sense of short-medium term prospects for work that can be invoiced.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Appointing consultants.
* Architects fees.
* Cash flow forecast.
* Fees.
* Fee forecasting.
* Risk management.
* Schedule of services.
* Winning work.

[[Category:Articles_needing_more_work]]

Fee forecasting for design and construction

2016-05-10T18:23:56Z

J.stark.pringle:

CDM 2015 principal contractor duties

2016-05-10T18:22:03Z

J.stark.pringle:

The Construction (Design and Management) Regulations (the ‘CDM Regulations’) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 and revised in 2007. A further revision will came into force on 6 April 2015.

The 2015 CDM regulations include duties for:

* Clients. (see CDM 2015 client duties)
* Designers. (see CDM 2014 designer duties)
* Principal designers. (see CDM 2015 principal designer duties)
* Principal contractors.
* Contractors. (see CDM 2015 contractor duties)
* Workers. (see CDM 2015 worker duties)

The role of principal contractor is not a new one, but their responsibilities have changed slightly from the 2007 regulations.

Principal contractors are defined in the 2015 CDM Regulations as ‘…contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor …They … must possess the skills, knowledge, and experience, and (if an organisation) the organisational capability necessary to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.‘

For projects involving more than one contractor, the client must appoint a principal contractor as soon as practicable, and before the start of the construction phase, so they have enough time to plan and manage the construction phase.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

The role of principal contractor involves:

* Planning, managing, monitoring and coordinating the construction phase of a project.
* Consulting and engaging with workers.
* Liaising with the client and principal designer.
* Ensuring anyone they appoint has the necessary skills, knowledge, and experience and, where they are an organisation, the organisational capability to carry out the work in a way that secures health and safety.
* Coordinating the work of contractors.
* Ensuring that the contractors under their control cooperate with each other.
* Ensuring suitable site inductions are provided.
* Ensuring reasonable steps are taken to prevent unauthorised access.
* Ensuring that suitable welfare facilities are provided and maintained throughout the construction phase.
* Before the construction site is set up, preparing, reviewing and revising the construction phase plan for the project setting out health and safety arrangements and site rules.
* Ensuring that the construction phase plan is appropriately reviewed, updated and revised during the construction phase.
* Providing the principal designer with any information in the principal contractor’s possession relevant to the health and safety file.
* If the principal designer’s appointment finishes before the end of the project, the health and safety file must be passed to the principal contractor for the remainder of the project. The principal contractor must then take on the responsibility for reviewing, updating and revising it and passing it to the client when the project finishes.

Where a client is a domestic client, the principal contractor must also carry out the duties of the client under the regulations, unless there is only one contractor (in which case the contractor must carry out their duties), or there is a written agreement that the principal designer will fulfil those duties. See Client duties under CDM 2015 for more information.

= =

== CDM Scenarios ==

* Is it a notifiable project, if so it will be covered under the CDM 2015 regulations.
* Contractors aren’t fulfilling their duties in the health and safety provisions, protecting it workers from danger.
* Contact the main contractor’s office to notify the issues that have happened on site and where’s the senior personal.
* The principles of prevention are specified in schedule 1 of the Management of Health and Safety at work regulations 1999. It is taken account by the principle contractor.
* Always record, document and photograph what you seen and heard on site and report back to the office for a discussion with the rest of the team. We as designers have a duty under the CDM 2015 regulations in health and safety.
* To contact the contractor preferably via e-mail as you want this in writing and attach photos of the incident and to report what you’ve found acceptable and ask them how they going to respond to the claim.
* If all else fails, contact the health and safety department and they will inspect the site and they have the power to close the site down.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* 2007 CDM regulations.
* CDM 2007 principal contractor.
* CDM 2015.
* CDM 2015 client duties.
* CDM 2015 designer duties.
* CDM 2015 draft guidance.
* CDM 2015 contractor duties.
* CDM 2015 legal considerations.
* CDM 2015 principal designer duties.
* CDM 2015 worker duties.
* CDM for self-builders and domestic clients.
* CDM Principles of prevention.
* Design risk management.
* Domestic client.
* Work at height regulations.

[[Category:Health_and_safety_/_CDM]]

Staff review

2016-05-10T17:59:15Z

J.stark.pringle:

== Staff Review Issues to discuss ==

The issues you wish to discuss should be personal to you but the following are general notes:

* Appraisals should reference the company business plan
* Reference to company management structure – what level are you and where do you fit?
* Create career path that meets the needs of the company and individual staff
* Identify competencies and use these for setting of objectives – tie in with job description
* Method of appraisal – what method will be used? Common to have a comparison with objectives. Employee and Team Leader/Director agree objectives at the beginning of the appraisal period. The subsequent appraisal is based on how far these objectives have been met. Have to consider any changes throughout an appraisal period which prevents objectives being met outside of personal control e.g. economic circumstances – may need to revise within reporting period.
* Comparison with objectives may be combined with competency ratings but ratings tend to be highly subjective
* Follow up training
* Ongoing reviews

=== Performance review cycle: ===

Setting of Objectives- Discuss results: Determine performance - Identify strengths, Identify areas for improvement, Seek joint agreement on action plan - on the job training, formal training, coaching and other development activities

=== Objectives ===

Objectives need to be agreed between the individual and the Team Leaders/Directors. It is a good idea to establish around three objectives per review cycle (maximum five).

Objectives are about improvement and operate at a number of levels:

* Company business objectives
* Team objectives linked to above
* Individual objectives linked to above
* Individual objectives resulting from development needs
* Project objectives
* Training and development objectives

Be cognizant of the attempt to agree rather than set objectives

A good objective ought to be SMART: specific, measurable, agreed, realistic and time-related.

{|
|*Specific
|An objective needs to provide clear definition of the precise result or outcome required
|-
|* Measureable
|An objective must contain some form of measure to identify when it has been achieved
|-
|* Achievable
|An objective must be challenging and testing but without being impossible
|-
|* Realistic
|Can you realistically achieve the objectives with the resources you have?
|-
|* Time
|There should be a specified time for completion of an objective
|}

Obviously not all objectives are so quantitative but it is a good reference point e.g. attitude. Objectives should be understood and fully communicated

=== Competencies ===

Competence – is performance below, within or above the requirements of the role?

Competencies are a structured framework by which expected areas of skill or expertise and levels of performance can be reviewed - it attempts to look at how you do something rather than merely what you do. Competencies provide:

* A consistent and objective method of assessing and monitoring performance.
* A structured way of describing behaviour
* A means to provide constructive feedback as they provide examples of expected behaviour
* A self-assessment tool to identify strengths and development needs
* A means for an individual to develop current and future potential

The appraisee should consider the following points:

* What they have achieved during the review period, with examples and evidence.
* Any examples of objectives not achieved with explanations.
* What they most enjoy about the job and how they might want to develop the role.
* Any aspect of the work in which improvement is required and how this might be achieved.
* Their learning and development needs with arguments to support their case for specific training.
* What level of support and guidance they require from their manager.
* Their aspirations for the future both in the current role and in possible future roles.
* Objectives for the next review period.

=== Professional, employment and statutory issues to support your case ===

This will depend on what issues you select; however remember that you must abide by the professional codes for RIBA/ARB

If, for example, you wish to learn more about H&S on projects you can refer to The CDM (Construction Design and Management) Regulations 2015

= =

== Pregnancy Issues ==

If an employer treats a member of staff unfairly because she is pregnant, this may be discrimination

The Equality Act 2010 calls this pregnancy and maternity discrimination and discrimination is unlawful. This means an employee may take action in the employment tribunal.

Pregnancy and maternity discrimination is when an employer treats a member of staff unfairly and that individual suffers a disadvantage as a result. The employee needs to show that they have been treated unfavourably.

* Inconsistency – she can work on project/she cannot work on project and the reason given is purely down to pregnancy so this is discriminatory (I think)
* Ability to cope – why can she not cope?
* Leaving in a few months – this is quite a bit of time
* Experience – the employee will miss out on relevant experience for her Part 3
* Employee has requested a meeting to discuss this with the director with no response. Again this could be interpreted as discriminatory as the director will not hold a meeting because she is pregnant?
* Practice should be seen as operating equal opportunities in all areas
* Practice should promote a ‘learning culture’ and support training and development
* Staff should be seen as key to the Practice’s success
* If this employee has a good record and shows potential, she could be an important leader of the future so should be encouraged to carry on her career after pregnancy
* Should discuss with director issue of discrimination
* Suggest to director ways to include the employee
* Keep in Touch days
* Unknown plans for amount of leave employee plans to take. If shared parental leave, she could be back to work fairly soon

= =

== Year-out Student Issues ==

* Year out student’s rights depend on employment status – look at [http://www.gov.uk/employment-rights-for-interns www.gov.uk/employment-rights-for-interns]
* The student was asked to help by your colleague so is not a volunteer
* As the company requires the student to work regularly, the company is responsible for the student’s workload, they work at the business’s premises
* How old is the student? If under 18 look up ACAS Employing young workers
* H&S risk assessment
* Student should have a contract of employment setting out hours, pay etc
* Working long hours/late – look up the Working Time Regulations
* Be supportive to the student, assure him/her that you will deal with the matter but don’t blame or say that your colleague has done anything wrong
* Set out policy and procedures for employing students
* Again, push the fact that the practice is supportive of students and has a learning culture etc etc

= =

== Interviewing Issues ==

* Look up equal opportunities
* If a chartered practice, there are obligations to follow for training part 2/3 employees
* Train managers/interviewers how to interview and encourage a bit of role play
* Again encourage a learning culture. Whilst there is always the need to allocate resources to projects, it is always a good idea to factor in training requirements
* Again look at Working Time Regulations
* H&S risk assessments
* If the practice is ‘overworked and under-resourced’ it is not a good idea to broadcast this. Do you have project programming meetings that plan manpower resources?
* Think of the marketing of the practice – students talk and you don’t want a reputation of being a bit of a treadmill
* Policies and procedures should always factor in continual review and improvement. This can be done annually.
* Include training for those who have been promoted into associate/management positions if they will start to do interviews

= [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] =

=== Related articles on [http://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] ===

* [http://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [http://www.designingbuildings.co.uk/wiki/Can_relationships_in_and_between_organisations_make_tangible_differences_to_business_performance%3F Can relationships in and between organisations make tangible differences to business performance?]
* [http://www.designingbuildings.co.uk/wiki/Collaborative_practices Collaborative practices].
* [http://www.designingbuildings.co.uk/wiki/Identifying_the_causes_of_trends_in_construction_labour_productivity Identifying the causes of trends in construction labour productivity].
* [http://www.designingbuildings.co.uk/wiki/Leadership_styles Leadership styles].
* [http://www.designingbuildings.co.uk/wiki/Team_behavioural_roles Team behavioural roles].
* [http://www.designingbuildings.co.uk/wiki/Team_building Team building].
* [http://www.designingbuildings.co.uk/wiki/Productivity Productivity]

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Staff review

2016-05-10T17:58:27Z

J.stark.pringle:

Staff review

2016-05-10T17:57:44Z

J.stark.pringle:

== Staff Review Issues to discuss ==

The issues you wish to discuss should be personal to you but the following are general notes:

* Appraisals should reference the company business plan
* Reference to company management structure – what level are you and where do you fit?
* Create career path that meets the needs of the company and individual staff
* Identify competencies and use these for setting of objectives – tie in with job description
* Method of appraisal – what method will be used? Common to have a comparison with objectives. Employee and Team Leader/Director agree objectives at the beginning of the appraisal period. The subsequent appraisal is based on how far these objectives have been met. Have to consider any changes throughout an appraisal period which prevents objectives being met outside of personal control e.g. economic circumstances – may need to revise within reporting period.
* Comparison with objectives may be combined with competency ratings but ratings tend to be highly subjective
* Follow up training
* Ongoing reviews

=== Performance review cycle: ===

Setting of Objectives- Discuss results: Determine performance - Identify strengths, Identify areas for improvement, Seek joint agreement on action plan - on the job training, formal training, coaching and other development activities

=== Objectives ===

Objectives need to be agreed between the individual and the Team Leaders/Directors. It is a good idea to establish around three objectives per review cycle (maximum five).

Objectives are about improvement and operate at a number of levels:

* Company business objectives
* Team objectives linked to above
* Individual objectives linked to above
* Individual objectives resulting from development needs
* Project objectives
* Training and development objectives

Be cognizant of the attempt to agree rather than set objectives

A good objective ought to be SMART: specific, measurable, agreed, realistic and time-related.

{|
|width="50%"|*Specific
|width="50%"|An objective needs to provide clear definition of the precise result or outcome required
|-
|* Measureable
|An objective must contain some form of measure to identify when it has been achieved
|-
|* Achievable
|An objective must be challenging and testing but without being impossible
|-
|* Realistic
|Can you realistically achieve the objectives with the resources you have?
|-
|* Time
|There should be a specified time for completion of an objective
|}

Obviously not all objectives are so quantitative but it is a good reference point e.g. attitude. Objectives should be understood and fully communicated

=== Competencies ===

Competence – is performance below, within or above the requirements of the role?

Competencies are a structured framework by which expected areas of skill or expertise and levels of performance can be reviewed - it attempts to look at how you do something rather than merely what you do. Competencies provide:

* A consistent and objective method of assessing and monitoring performance.
* A structured way of describing behaviour
* A means to provide constructive feedback as they provide examples of expected behaviour
* A self-assessment tool to identify strengths and development needs
* A means for an individual to develop current and future potential

The appraisee should consider the following points:

* What they have achieved during the review period, with examples and evidence.
* Any examples of objectives not achieved with explanations.
* What they most enjoy about the job and how they might want to develop the role.
* Any aspect of the work in which improvement is required and how this might be achieved.
* Their learning and development needs with arguments to support their case for specific training.
* What level of support and guidance they require from their manager.
* Their aspirations for the future both in the current role and in possible future roles.
* Objectives for the next review period.

=== Professional, employment and statutory issues to support your case ===

This will depend on what issues you select; however remember that you must abide by the professional codes for RIBA/ARB

If, for example, you wish to learn more about H&S on projects you can refer to The CDM (Construction Design and Management) Regulations 2015

= =

== Pregnancy Issues ==

If an employer treats a member of staff unfairly because she is pregnant, this may be discrimination

The Equality Act 2010 calls this pregnancy and maternity discrimination and discrimination is unlawful. This means an employee may take action in the employment tribunal.

Pregnancy and maternity discrimination is when an employer treats a member of staff unfairly and that individual suffers a disadvantage as a result. The employee needs to show that they have been treated unfavourably.

* Inconsistency – she can work on project/she cannot work on project and the reason given is purely down to pregnancy so this is discriminatory (I think)
* Ability to cope – why can she not cope?
* Leaving in a few months – this is quite a bit of time
* Experience – the employee will miss out on relevant experience for her Part 3
* Employee has requested a meeting to discuss this with the director with no response. Again this could be interpreted as discriminatory as the director will not hold a meeting because she is pregnant?
* Practice should be seen as operating equal opportunities in all areas
* Practice should promote a ‘learning culture’ and support training and development
* Staff should be seen as key to the Practice’s success
* If this employee has a good record and shows potential, she could be an important leader of the future so should be encouraged to carry on her career after pregnancy
* Should discuss with director issue of discrimination
* Suggest to director ways to include the employee
* Keep in Touch days
* Unknown plans for amount of leave employee plans to take. If shared parental leave, she could be back to work fairly soon

= =

== Year-out Student Issues ==

* Year out student’s rights depend on employment status – look at [http://www.gov.uk/employment-rights-for-interns www.gov.uk/employment-rights-for-interns]
* The student was asked to help by your colleague so is not a volunteer
* As the company requires the student to work regularly, the company is responsible for the student’s workload, they work at the business’s premises
* How old is the student? If under 18 look up ACAS Employing young workers
* H&S risk assessment
* Student should have a contract of employment setting out hours, pay etc
* Working long hours/late – look up the Working Time Regulations
* Be supportive to the student, assure him/her that you will deal with the matter but don’t blame or say that your colleague has done anything wrong
* Set out policy and procedures for employing students
* Again, push the fact that the practice is supportive of students and has a learning culture etc etc

= =

== Interviewing Issues ==

* Look up equal opportunities
* If a chartered practice, there are obligations to follow for training part 2/3 employees
* Train managers/interviewers how to interview and encourage a bit of role play
* Again encourage a learning culture. Whilst there is always the need to allocate resources to projects, it is always a good idea to factor in training requirements
* Again look at Working Time Regulations
* H&S risk assessments
* If the practice is ‘overworked and under-resourced’ it is not a good idea to broadcast this. Do you have project programming meetings that plan manpower resources?
* Think of the marketing of the practice – students talk and you don’t want a reputation of being a bit of a treadmill
* Policies and procedures should always factor in continual review and improvement. This can be done annually.
* Include training for those who have been promoted into associate/management positions if they will start to do interviews

Staff review

2016-05-10T17:53:51Z

J.stark.pringle:

Staff review

2016-05-10T17:51:18Z

J.stark.pringle: Created page with "Staff Review Issues to discuss The issues you wish to discuss should be personal to you but the following are general notes: * Appraisals should reference the company business..."

Staff Review

Issues to discuss

The issues you wish to discuss should be personal to you but the following are general notes:

* Appraisals should reference the company business plan
* Reference to company management structure – what level are you and where do you fit?
* Create career path that meets the needs of the company and individual staff
* Identify competencies and use these for setting of objectives – tie in with job description
* Method of appraisal – what method will be used? Common to have a comparison with objectives. Employee and Team Leader/Director agree objectives at the beginning of the appraisal period. The subsequent appraisal is based on how far these objectives have been met. Have to consider any changes throughout an appraisal period which prevents objectives being met outside of personal control e.g. economic circumstances – may need to revise within reporting period.
* Comparison with objectives may be combined with competency ratings but ratings tend to be highly subjective
* Follow up training
* Ongoing reviews

Performance review cycle:

Setting of Objectives- Discuss results: Determine performance - Identify strengths, Identify areas for improvement, Seek joint agreement on action plan - on the job training, formal training, coaching and other development activities

Objectives

Objectives need to be agreed between the individual and the Team Leaders/Directors. It is a good idea to establish around three objectives per review cycle (maximum five).

Objectives are about improvement and operate at a number of levels:

* Company business objectives
* Team objectives linked to above
* Individual objectives linked to above
* Individual objectives resulting from development needs
* Project objectives
* Training and development objectives

Be cognizant of the attempt to agree rather than set objectives

A good objective ought to be SMART: specific, measurable, agreed, realistic and time-related.

{|
|width="50%"
* Specific
|width="50%"|An objective needs to provide clear definition of the precise result or outcome required
|-
|* Measureable
|An objective must contain some form of measure to identify when it has been achieved
|-
|* Achievable
|An objective must be challenging and testing but without being impossible
|-
|* Realistic
|Can you realistically achieve the objectives with the resources you have?
|-
|* Time
|There should be a specified time for completion of an objective
|}

Obviously not all objectives are so quantitative but it is a good reference point e.g. attitude

Objectives should be understood and fully communicated

Competencies

Competence – is performance below, within or above the requirements of the role?

Competencies are a structured framework by which expected areas of skill or expertise and levels of performance can be reviewed - it attempts to look at how you do something rather than merely what you do. Competencies provide:

* A consistent and objective method of assessing and monitoring performance.
* A structured way of describing behaviour
* A means to provide constructive feedback as they provide examples of expected behaviour
* A self-assessment tool to identify strengths and development needs
* A means for an individual to develop current and future potential

The appraisee should consider the following points:

* What they have achieved during the review period, with examples and evidence.
* Any examples of objectives not achieved with explanations.
* What they most enjoy about the job and how they might want to develop the role.
* Any aspect of the work in which improvement is required and how this might be achieved.
* Their learning and development needs with arguments to support their case for specific training.
* What level of support and guidance they require from their manager.
* Their aspirations for the future both in the current role and in possible future roles.
* Objectives for the next review period.

Professional, employment and statutory issues to support your case

This will depend on what issues you select; however remember that you must abide by the professional codes for RIBA/ARB

If, for example, you wish to learn more about H&S on projects you can refer to The CDM (Construction Design and Management) Regulations 2015

The duties of CDM 2015

2016-05-07T17:28:51Z

J.stark.pringle:

The Construction (Design and Management) Regulations (CDM Regulations)

([http://www.legislation.gov.uk/uksi/2015/51/contents/made http://www.legislation.gov.uk/uksi/2015/51/contents/made]) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 following publication of European Directive 92/57/EEC on minimum safety and health standards for temporary or mobile construction sites. The CDM Regulations were revised in 2007, and a further revision came into force on 6 April 2015.

The latest revision resulted from:

* A perceived overinterpretation of the regulations.
* A belief that the coordination function in the preconstruction phase was often a bureaucratic add on that was not always embedded in the project, resulting in additional costs with little additional value.
* The persistence of unacceptable standards, particularly on smaller sites.

The regulations therefore made the following changes:

* Structural simplification of the regulations to make them easier to understand.
* The replacement of the Approved Code of Practice (ACOP) with more targeted guidance.
* Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
* Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
* Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
* Changing the threshold for appointment of coordinators (principal contractors and principal designers), to require coordinators where there is more than one contractor. HSE suggest that this will capture close to an additional 1 million projects a year, but that the requirements will be proportionate and little more work will be necessary. Some concern has been expressed about what constitutes more than one contractor, and how it is possible to know how many contractors may be needed.
* This separates the threshold for coordination from that of notifying the HSE, which must be done where the construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point, or exceed 500 person days.

In terms of the organisation of projects, the most significant of these changes is the replacement of the role of CDM coordinator with a new role of ‘principal designer’ (PD). The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design.

The role of principal designer is analogous to that of the principal contractor during the construction phase and includes:

* Planning, managing and monitoring the pre-construction phase.
* Ensuring risks are eliminated or controlled through design work.
* Passing information on to the principal contractor.
* Ensuring cooperation and coordination.
* Ensuring designers comply with their duties.
* Assisting the client in preparing pre-construction information.
* Preparing the health and safety file.

= =

=== CDM Issues on Site ===

* Health and safety risk on site could be the existing building, that it may contain asbestos.
* This will require a suitably skilled contractor to remove the asbestos in a safe way ensuring no harm is done to the public. The building will require a survey to establish if its structurally sound or any risks to prior construction.
* Making the client aware of their duties under the CDM 2015 regulations.
* To ensure that all information from the asbestos and building surveys is kept within the health and safety plan.
* Identify any design issues and consider any implications of any financial risk associated with the project. These risks will be clearly communicated to the contractor within the tender documentation.
* During construction, you must ensure that the contractor is following the health and safety plan and to make sure the principle designer is happy with the contractor health and safety plan.
* Who’s in charge of the site, should the site be open without the site foreman, site rules, temporary site foreman. The contractor owns the site therefore it’s their decisions. Maybe make contact and have it in writing.
* Health and safety in the work place. The health and safety officer randomly checks the place out.
* Contractor and designer duties they have the obligation to inform about the problems

= =

=== Case Study scenario if a construction site is suffering from mal-practices: ===

Is it a notifiable project, are the contractors fulfilling their CDM 2015 duties? Find out who’s in charge. You have the duty of care to notify the problem. Call the main contractors office. Call the HSE for their response but, this is considering to be a last resort. Principle designer should be notifying and review the situation. Prevention principles, manage risks and prevent risks. Putting up protection and reviewing the risks. Record the site, such as photographing and documenting incidences.

=== Actions to take afterwards: ===

Get everything what you saw and done in writing and contact the contractor, client anyone else who may be affected by the issue. Report what you have found. Highlight the things you found unacceptable and ask them what they going to do about and to prevent it from happening again. If all fails, get a specialist Health and safety officer to monitor the site.

= =

== CDM 2015 Client Duties ==

Clients are ‘…organisations or individuals for whom a construction project is carried out’. Domestic clients are ‘…people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.’

Domestic clients’ duties are normally transferred to the contractor on a single contractor project or to the principal contractor on a project involving more than one contractor. Alternatively, domestic clients can choose to have a written agreement with the principal designer to carry out the client duties.

Commercial clients, are not necessarily experts in construction and so they are not required to take an active role in managing work. However, they are required to make suitable arrangements for managing the project so that health, safety and welfare is secured. It is suggested that clients could prepare a clear client’s brief as a way of setting out these arrangements. Arrangements should focus on the needs of the particular project and should be proportionate to the size of, and risks arising from the work.

Very broadly, clients’ duties include:

* Ensuring other duty holders are appointed, that is, designers (including a principal designer on projects involving more than one contractor) and contractors (including a principal contractor on projects involving more than one contractor)
* Ensuring the roles, functions and responsibilities of the project team are clear.
* Ensuring that the people and organisations they appoint have the necessary skills,
* knowledge, experience and (if an organisation) the organisational capability to manage health and safety risks.
* Ensuring sufficient time and resources are allocated.
* Ensuring effective mechanisms are in place for members of the project team to communicate and cooperate with each other and coordinate their activities.
* Ensuring relevant information is prepared and provided to other duty holders.
* Ensuring the principal designer and principal contractor carry out their duties. This could be done by arranging project progress meetings or via written updates.
* Ensuring welfare facilities are provided.
* Maintaining and reviewing arrangements to ensure they remain relevant.

=== CDM 2015 Contractor Duties ===

The duties of contractors have changed slightly from the 2007 regulations. Contractors are defined in the guidance to the 2015 CDM Regulations as ‘…those who do the actual construction work and can be either an individual or a company’ that is, ‘…anyone who directly employs or engages construction workers or manages construction is a contractor. An individual, a sole trader, a self-employed worker, or a business that carries out, manages or

controls construction work as part of their business can be a contractor. This also includes companies that use their own workforce to do construction work on their own premises. The duties on contractors apply whether the workers under their control are employees, self-employed or agency workers.’

On projects where there is more than one contractor, the client must appoint a principal contractor to plan, manage, monitor and coordinate the construction phase of the project.

The duties of a contractor under the regulations include:

* Planning, managing and monitoring construction work under their control so that it is carried out without risks to health and safety, taking into account the risks to all those who may be affected, such as members of the public and those carrying out the construction work.
* Cooperating with other dutyholders.
* For projects involving more than one contractor, complying with directions given to them by the principal designer or principal contractor.
* Complying with the construction phase plan.
* Ensuring subcontractors and designers they appoint have the skills, knowledge and experience and, where relevant, organisational capability to carry out the work for which they are being appointed.
* Making enquiries to ensure the individuals they appoint have the necessary skills, knowledge, training and experience to carry out works in a way that secures health and safety for anyone working on the site; or that they are in the process of obtaining them.
* Establishing whether training is necessary for any worker.
* Ensuring that appropriate supervision is provided.
* Providing employees and workers under their control with the information and instructions they need to carry out their work without risk to health and safety. This must include a site induction, information about emergency procedures and information about relevant hazards.
* Not beginning work on site unless reasonable steps have been taken to prevent unauthorized access to the site.
* Providing welfare facilities. On projects involving more than one contractor, this will involve consultation with the principal contractor who has a similar duty.
* Not carrying out any construction work unless they are satisfied that the client is aware of their duties under the regulations.

If the client fails to appoint a principal contractor, the client must fulfill the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. This gives them a number of additional duties, including preparing a construction phase plan. See CDM 2015 principal contractor for more information.

A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

Where a client is a domestic client, the principal contractor must carry out the duties of the client under the regulations, however, where there is only one contractor, this means the contractor must carry out those duties (unless there is a written agreement that the principal designer will fulfill them). See Client duties under CDM 2015.

=== CDM 2015 Designer Duties ===

The duties of designers have changed slightly from the 2007 regulations. Designers are defined in the 2015 CDM Regulations as ‘…an organisation or individual, who prepares or modifes a design for a construction project (including the design of temporary works); or arranges for, or instruct someone else to do so.’

Designs include drawings, design details, specifications, bills of quantity and calculations. Designers include architects, engineers, quantity surveyors, interior designers, surveyors, technicians or anyone who specifies or alters a design. This can include contractors, principal contractors, specialist contractors, and commercial clients who become actively involved in design. It also includes those who select products for use in construction, and if a product is purpose built, those who prepare the specification and manufacturers if they develop a detailed design.

Designers must be provided with preconstruction information by the client or by the principal designer where one is required. The principal designer has responsibility for coordination of health and safety during the preconstruction phase. They are appointed by the client in projects involving more than one contractor. Preconstruction information is information in the client’s possession or information which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work.

The designer’s duties apply as soon as designs are prepared which may be used in construction work, including concept design, competitions, bids for grants, modification of existing designs and relevant work carried out as part of feasibility studies.

The duties of designers include:

* Ensuring they have the necessary skills, knowledge and experience.
* Not commencing work unless they are satisfied that the client is aware of their duties under the regulations.
* Cooperating with others involved with the project or any project on an adjoining site.
* Reporting instances where they or others are working in a way that puts them or anyone else in danger.
* Providing information to other members of the project team to help them fulfil their duties.
* Taking account of the general principles of prevention and the preconstruction information, with the aim of eliminating foreseeable risks. Where this is not possible, taking steps to reduce the risks or control them through the design process, and providing information about the remaining risks to other dutyholders.
* Where it is not possible to eliminate health and safety risks when preparing or modifying designs, designers must ensure appropriate information is included in the health and safety file about the reasonably practicable steps they have taken to reduce or control those risks.
* Agreeing with the principal designer the arrangements for the sharing of information to avoid omissions or duplicated effort.
* Ensuring that any information they provide is easy to understand and provided in good time.

=== CDM 2015 Principle Designer Duties ===

One of the key changes introduced by CDM 2015 is replacement of the role of CDM coordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for coordination of health and safety during the preconstruction phase. The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. Under the 2007 regulations, this role was often contracted out, resulting in extra costs, but the individual appointed was rarely properly embedded in the project team and so had little opportunity to influence the design.

Guidance published by the Health and Safety Executive in January 2015, defines principal

designers as ‘…designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.’ This may be combined with other roles on the project, such as project manager or architect.

The guidance suggests that the role of principal designer includes:

* Informing the client of their duties under the regulations.
* Planning, managing and monitoring health and safety in the preconstruction phase,including; identifying, eliminating or controlling foreseeable risks; and ensuring designers carry out their duties.
* Helping compile preconstruction information and providing it to designers and contractors.
* Preparing the health and safety file and then reviewing, updating and revising it as the project progresses.
* Liaising with the principal contractor to help in the planning, managing, monitoring and coordination of the construction phase.
* Taking into account the general principles of prevention.
* Ensuring that all persons working in relation to the preconstruction phase cooperate with the client, the principal designer and each other.
* Checking that designers have sufficient skills, knowledge, experience and (if they are an organisation) the organisational capability to carry out the work.

In addition, domestic clients can choose to have a written agreement with the principal designer to transfer their duties to the principal designer. The principal designer should be appointed as early as possible in the design process (if practicable at the concept stage) and at least before the start of the construction phase, so they have enough time to carry out their duties to plan and manage the preconstruction and construction phases. If a client fails to appoint a principal designer, the client must carry out their duties. If domestic clients on projects involving more than one contractor fail to appoint a principal contractor and principal designer, those duties will fall to the designer and contractor in control of the preconstruction and construction phases. See CDM for selfbuilders and domestic clients for more information.

=== CDM 2015 Principle Contractor Duties ===

The role of principal contractor is not a new one, but their responsibilities have changed slightly from the 2007 regulations. Principal contractors are defined in the 2015 CDM Regulations as ‘…contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor …They … must possess the skills, knowledge, and experience, and (if an organisation) the organisational capability necessary to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.‘ For projects involving more than one contractor, the client must appoint a principal contractor as soon as practicable, and before the start of the construction phase, so they have enough time to plan and manage the construction phase. If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business. The role of principal contractor involves:

* Planning, managing, monitoring and coordinating the construction phase of a project.
* Consulting and engaging with workers.
* Liaising with the client and principal designer.
* Ensuring anyone they appoint has the necessary skills, knowledge, and experience and, where they are an organisation, the organisational capability to carry out the work in a way that secures health and safety.
* Coordinating the work of contractors.
* Ensuring that the contractors under their control cooperate with each other.
* Ensuring suitable site inductions are provided.
* Ensuring reasonable steps are taken to prevent unauthorised access.
* Ensuring that suitable welfare facilities are provided and maintained throughout the construction phase.
* Before the construction site is set up, preparing, reviewing and revising the construction phase plan for the project setting out health and safety arrangements and site rules.
* Ensuring that the construction phase plan is appropriately reviewed, updated and revised during the construction phase.
* Providing the principal designer with any information in the principal contractor’s possession relevant to the health and safety file.
* If the principal designer’s appointment finishes before the end of the project, the health and safety file must be passed to the principal contractor for the remainder of the project. The principal contractor must then take on the responsibility for reviewing, updating and revising it and passing it to the client when the project finishes.

=== Find out more ===

= =

Related articles on Designing Buildings Wiki

2007 CDM regulations.

Construction phase plan.

CDM 2015 draft guidance.

CDM 2015 client duties.

CDM 2015 contractor duties.

CDM 2015 designer duties.

CDM 2015 legal considerations.

CDM 2015 principal contractor duties.

CDM 2015 principal designer duties.

CDM 2015 worker duties.

CDM coordinator.

CDM for selfbuilders

and domestic clients.

CDM Principles of prevention.

Deleterious materials.

Domestic client.

Hazardous substances.

Health and safety file.

Health and safety offences, corporate manslaughter and food safety and hygiene offences

definitive guideline.

Health and safety policy.

Pollution.

Preconstruction

information.

Safety briefing.

Toolbox talk.

External references

Draft Guidance on The Construction (Design and Management) Regulations 2015

([http://www.hse.gov.uk/pubns/priced/draftl153 http://www.hse.gov.uk/pubns/priced/draftl153].

pdf) .

HSE, consultation for the proposed revision

([http://www.hse.gov.uk/consult/condocs/cd261.htm http://www.hse.gov.uk/consult/condocs/cd261.htm]) .

Construction Manager: Muddied waters, CDM 2015 divides the industry

([http://www.constructionmanager http://www.constructionmanager].

co.uk/agenda/muddiedwaterscdm2015dividesindustry/)

. 1 May 2014.

The duties of CDM 2015

2016-05-07T17:25:29Z

J.stark.pringle:

The Construction (Design and Management) Regulations (CDM Regulations)

([http://www.legislation.gov.uk/uksi/2015/51/contents/made http://www.legislation.gov.uk/uksi/2015/51/contents/made]) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 following publication of European Directive 92/57/EEC on minimum safety and health standards for temporary or mobile construction sites. The CDM Regulations were revised in 2007, and a further revision came into force on 6 April 2015.

The latest revision resulted from:

* A perceived overinterpretation of the regulations.
* A belief that the coordination function in the preconstruction phase was often a bureaucratic add on that was not always embedded in the project, resulting in additional costs with little additional value.
* The persistence of unacceptable standards, particularly on smaller sites.

The regulations therefore made the following changes:

* Structural simplification of the regulations to make them easier to understand.
* The replacement of the Approved Code of Practice (ACOP) with more targeted guidance.
* Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
* Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
* Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
* Changing the threshold for appointment of coordinators (principal contractors and principal designers), to require coordinators where there is more than one contractor. HSE suggest that this will capture close to an additional 1 million projects a year, but that the requirements will be proportionate and little more work will be necessary. Some concern has been expressed about what constitutes more than one contractor, and how it is possible to know how many contractors may be needed.
* This separates the threshold for coordination from that of notifying the HSE, which must be done where the construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point, or exceed 500 person days.

In terms of the organisation of projects, the most significant of these changes is the replacement of the role of CDM coordinator with a new role of ‘principal designer’ (PD). The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. The role of principal designer is analogous to that of the principal contractor during the construction phase and includes:

* Planning, managing and monitoring the pre-construction phase.
* Ensuring risks are eliminated or controlled through design work.
* Passing information on to the principal contractor.
* Ensuring cooperation and coordination.
* Ensuring designers comply with their duties.
* Assisting the client in preparing pre-construction information.
* Preparing the health and safety file.

= =

=== CDM Issues on Site ===

* Health and safety risk on site could be the existing building, that it may contain asbestos.
* This will require a suitably skilled contractor to remove the asbestos in a safe way ensuring no harm is done to the public. The building will require a survey to establish if its structurally sound or any risks to prior construction.
* Making the client aware of their duties under the CDM 2015 regulations.
* To ensure that all information from the asbestos and building surveys is kept within the health and safety plan.
* Identify any design issues and consider any implications of any financial risk associated with the project. These risks will be clearly communicated to the contractor within the tender documentation.
* During construction, you must ensure that the contractor is following the health and safety plan and to make sure the principle designer is happy with the contractor health and safety plan.
* Who’s in charge of the site, should the site be open without the site foreman, site rules, temporary site foreman. The contractor owns the site therefore it’s their decisions. Maybe make contact and have it in writing.
* Health and safety in the work place. The health and safety officer randomly checks the place out.
* Contractor and designer duties they have the obligation to inform about the problems

= =

=== Case Study scenario if a construction site is suffering from mal-practices: ===

Is it a notifiable project, are the contractors fulfilling their CDM 2015 duties? Find out who’s in charge. You have the duty of care to notify the problem. Call the main contractors office. Call the HSE for their response but, this is considering to be a last resort. Principle designer should be notifying and review the situation. Prevention principles, manage risks and prevent risks. Putting up protection and reviewing the risks. Record the site, such as photographing and documenting incidences.

=== Actions to take afterwards: ===

Get everything what you saw and done in writing and contact the contractor, client anyone else who may be affected by the issue. Report what you have found. Highlight the things you found unacceptable and ask them what they going to do about and to prevent it from happening again. If all fails, get a specialist Health and safety officer to monitor the site.

= =

== CDM 2015 Client Duties ==

Clients are ‘…organisations or individuals for whom a construction project is carried out’.

Domestic clients are ‘…people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.’

Domestic clients’ duties are normally transferred to the contractor on a single contractor project or to the principal contractor on a project involving more than one contractor. Alternatively, domestic clients can choose to have a written agreement with the principal designer to carry out the client duties.

Commercial clients, are not necessarily experts in construction and so they are not required to take an active role in managing work. However, they are required to make suitable arrangements for managing the project so that health, safety and welfare is secured. It is suggested that clients could prepare a clear client’s brief as a way of setting out these arrangements. Arrangements should focus on the needs of the particular project and should be proportionate to the size of, and risks arising from the work.

Very broadly, clients’ duties include:

* Ensuring other duty holders are appointed, that is, designers (including a principal designer on projects involving more than one contractor) and contractors (including a principal contractor on projects involving more than one contractor)
* Ensuring the roles, functions and responsibilities of the project team are clear.
* Ensuring that the people and organisations they appoint have the necessary skills,
* knowledge, experience and (if an organisation) the organisational capability to manage health and safety risks.
* Ensuring sufficient time and resources are allocated.
* Ensuring effective mechanisms are in place for members of the project team to communicate and cooperate with each other and coordinate their activities.
* Ensuring relevant information is prepared and provided to other duty holders.
* Ensuring the principal designer and principal contractor carry out their duties. This could be done by arranging project progress meetings or via written updates.
* Ensuring welfare facilities are provided.
* Maintaining and reviewing arrangements to ensure they remain relevant.

=== CDM 2015 Contractor Duties ===

The duties of contractors have changed slightly from the 2007 regulations. Contractors are

defined in the guidance to the 2015 CDM Regulations as ‘…those who do the actual construction work and can be either an individual or a company’ that is, ‘…anyone who directly employs or engages construction workers or manages construction is a contractor. An individual, a sole trader, a self-employed worker, or a business that carries out, manages or

controls construction work as part of their business can be a contractor. This also includes companies that use their own workforce to do construction work on their own premises. The duties on contractors apply whether the workers under their control are employees, self-employed or agency workers.’

On projects where there is more than one contractor, the client must appoint a principal contractor to plan, manage, monitor and coordinate the construction phase of the project.

The duties of a contractor under the regulations include:

* Planning, managing and monitoring construction work under their control so that it is carried out without risks to health and safety, taking into account the risks to all those who may be affected, such as members of the public and those carrying out the construction work.
* Cooperating with other dutyholders.
* For projects involving more than one contractor, complying with directions given to them by the principal designer or principal contractor.
* Complying with the construction phase plan.
* Ensuring subcontractors and designers they appoint have the skills, knowledge and experience and, where relevant, organisational capability to carry out the work for which they are being appointed.
* Making enquiries to ensure the individuals they appoint have the necessary skills, knowledge, training and experience to carry out works in a way that secures health and safety for anyone working on the site; or that they are in the process of obtaining them.
* Establishing whether training is necessary for any worker.
* Ensuring that appropriate supervision is provided.
* Providing employees and workers under their control with the information and instructions they need to carry out their work without risk to health and safety. This must include a site induction, information about emergency procedures and information about relevant hazards.
* Not beginning work on site unless reasonable steps have been taken to prevent unauthorized access to the site.
* Providing welfare facilities. On projects involving more than one contractor, this will involve consultation with the principal contractor who has a similar duty.
* Not carrying out any construction work unless they are satisfied that the client is aware of their duties under the regulations.

If the client fails to appoint a principal contractor, the client must fulfill the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. This gives them a number of additional duties, including preparing a construction phase plan. See CDM 2015 principal contractor for more information.

A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

Where a client is a domestic client, the principal contractor must carry out the duties of the client under the regulations, however, where there is only one contractor, this means the contractor must carry out those duties (unless there is a written agreement that the principal designer will fulfill them). See Client duties under CDM 2015.

=== CDM 2015 Designer Duties ===

The duties of designers have changed slightly from the 2007 regulations. Designers are defined in the 2015 CDM Regulations as ‘…an organisation or individual, who prepares or modifes a design for a construction project (including the design of temporary works); or arranges for, or instruct someone else to do so.’

Designs include drawings, design details, specifications, bills of quantity and calculations. Designers include architects, engineers, quantity surveyors, interior designers, surveyors, technicians or anyone who specifies or alters a design. This can include contractors, principal contractors, specialist contractors, and commercial clients who become actively involved in design. It also includes those who select products for use in construction, and if a product is purpose built, those who prepare the specification and manufacturers if they develop a detailed design.

Designers must be provided with preconstruction information by the client or by the principal designer where one is required. The principal designer has responsibility for coordination of health and safety during the preconstruction phase. They are appointed by the client in projects involving more than one contractor. Preconstruction information is information in the client’s possession or information which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work.

The designer’s duties apply as soon as designs are prepared which may be used in construction work, including concept design, competitions, bids for grants, modification of existing designs and relevant work carried out as part of feasibility studies.

The duties of designers include:

* Ensuring they have the necessary skills, knowledge and experience.
* Not commencing work unless they are satisfied that the client is aware of their duties under the regulations.
* Cooperating with others involved with the project or any project on an adjoining site.
* Reporting instances where they or others are working in a way that puts them or anyone else in danger.
* Providing information to other members of the project team to help them fulfil their duties.
* Taking account of the general principles of prevention and the preconstruction information, with the aim of eliminating foreseeable risks. Where this is not possible, taking steps to reduce the risks or control them through the design process, and providing information about the remaining risks to other dutyholders.
* Where it is not possible to eliminate health and safety risks when preparing or modifying designs, designers must ensure appropriate information is included in the health and safety file about the reasonably practicable steps they have taken to reduce or control those risks.
* Agreeing with the principal designer the arrangements for the sharing of information to avoid omissions or duplicated effort.
* Ensuring that any information they provide is easy to understand and provided in good time.

=== CDM 2015 Principle Designer Duties ===

One of the key changes introduced by CDM 2015 is replacement of the role of CDM coordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for coordination of health and safety during the preconstruction phase. The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. Under the 2007 regulations, this role was often contracted out, resulting in extra costs, but the individual appointed was rarely properly embedded in the project team and so had little opportunity to influence the design.

Guidance published by the Health and Safety Executive in January 2015, defines principal 
designers as ‘…designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.’ This may be combined with other roles on the project, such as project manager or architect.

 
The guidance suggests that the role of principal designer includes:

* Informing the client of their duties under the regulations.
* Planning, managing and monitoring health and safety in the preconstruction phase,including; identifying, eliminating or controlling foreseeable risks; and ensuring designers carry out their duties.
* Helping compile preconstruction information and providing it to designers and contractors.
* Preparing the health and safety file and then reviewing, updating and revising it as the project progresses.
* Liaising with the principal contractor to help in the planning, managing, monitoring and coordination of the construction phase.
* Taking into account the general principles of prevention.
* Ensuring that all persons working in relation to the preconstruction phase cooperate with the client, the principal designer and each other.
* Checking that designers have sufficient skills, knowledge, experience and (if they are an organisation) the organisational capability to carry out the work.

 
In addition, domestic clients can choose to have a written agreement with the principal designer to transfer their duties to the principal designer.

 
The principal designer should be appointed as early as possible in the design process (if 
practicable at the concept stage) and at least before the start of the construction phase, so they have enough time to carry out their duties to plan and manage the preconstruction 
and construction phases. If a client fails to appoint a principal designer, the client must carry out their duties.

 
If domestic clients on projects involving more than one contractor fail to appoint a principal 
contractor and principal designer, those duties will fall to the designer and contractor in control of the preconstruction and construction phases. See CDM for selfbuilders 
and domestic clients for more information.

=== CDM 2015 Principle Contractor Duties ===

 
The role of principal contractor is not a new one, but their responsibilities have changed slightly from the 2007 regulations.

 
Principal contractors are defined in the 2015 CDM Regulations as ‘…contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor …They … must possess the skills, knowledge, and experience, and (if an 
organisation) the organisational capability necessary to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.‘

 
For projects involving more than one contractor, the client must appoint a principal contractor as soon as practicable, and before the start of the construction phase, so they have enough time to plan and manage the construction phase.

 
If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

 
The role of principal contractor involves:

* Planning, managing, monitoring and coordinating the construction phase of a project.
* Consulting and engaging with workers.
* Liaising with the client and principal designer.
* Ensuring anyone they appoint has the necessary skills, knowledge, and experience and, where they are an organisation, the organisational capability to carry out the work in a way that secures health and safety.
* Coordinating the work of contractors.
* Ensuring that the contractors under their control cooperate with each other.
* Ensuring suitable site inductions are provided.
* Ensuring reasonable steps are taken to prevent unauthorised access.
* Ensuring that suitable welfare facilities are provided and maintained throughout the construction phase.
* Before the construction site is set up, preparing, reviewing and revising the construction phase plan for the project setting out health and safety arrangements and site rules.
* Ensuring that the construction phase plan is appropriately reviewed, updated and revised during the construction phase.
* Providing the principal designer with any information in the principal contractor’s possession relevant to the health and safety file.
* If the principal designer’s appointment finishes before the end of the project, the health and safety file must be passed to the principal contractor for the remainder of the project. The principal contractor must then take on the responsibility for reviewing, updating and revising it and passing it to the client when the project finishes.

=== Find out more ===

= =

 
Related articles on Designing Buildings Wiki 
2007 CDM regulations. 
Construction phase plan. 
CDM 2015 draft guidance. 
CDM 2015 client duties. 
CDM 2015 contractor duties. 
CDM 2015 designer duties. 
CDM 2015 legal considerations. 
CDM 2015 principal contractor duties. 
CDM 2015 principal designer duties. 
CDM 2015 worker duties. 
CDM coordinator. 
CDM for selfbuilders 
and domestic clients. 
CDM Principles of prevention. 
Deleterious materials. 
Domestic client. 
Hazardous substances. 
Health and safety file. 
Health and safety offences, corporate manslaughter and food safety and hygiene offences 
definitive guideline. 
Health and safety policy. 
Pollution. 
Preconstruction 
information. 
Safety briefing. 
Toolbox talk.

 
External references 
Draft Guidance on The Construction (Design and Management) Regulations 2015 
(http://www.hse.gov.uk/pubns/priced/draftl153. 
pdf) . 
HSE, consultation for the proposed revision 
(http://www.hse.gov.uk/consult/condocs/cd261.htm) . 
Construction Manager: Muddied waters, CDM 2015 divides the industry 
(http://www.constructionmanager. 
co.uk/agenda/muddiedwaterscdm2015dividesindustry/) 
. 1 May 2014.

The duties of CDM 2015

2016-05-07T17:19:14Z

J.stark.pringle: Created page with "The Construction (Design and Management) Regulations (CDM Regulations) (http://www.legislation.gov.uk/uksi/2015/51/contents/made) are intended to ensure that health and sa..."

The Construction (Design and Management) Regulations (CDM Regulations) 
(http://www.legislation.gov.uk/uksi/2015/51/contents/made) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 following publication of European Directive 92/57/EEC on minimum safety and health standards for temporary or mobile construction sites. The CDM Regulations were revised in 2007, and a further revision came into force on 6 April 2015.

 
The latest revision resulted from:

* A perceived overinterpretation of the regulations.
* A belief that the coordination function in the preconstruction phase was often a bureaucratic add on that was not always embedded in the project, resulting in additional costs with little additional value.
* The persistence of unacceptable standards, particularly on smaller sites.

The regulations therefore made the following changes:

* Structural simplification of the regulations to make them easier to understand.
* The replacement of the Approved Code of Practice (ACOP) with more targeted guidance.
* Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
* Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
* Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
* Changing the threshold for appointment of coordinators (principal contractors and principal designers), to require coordinators where there is more than one contractor. HSE suggest that this will capture close to an additional 1 million projects a year, but that the requirements will be proportionate and little more work will be necessary. Some concern has been expressed about what constitutes more than one contractor, and how it is possible to know how many contractors may be needed.
* This separates the threshold for coordination from that of notifying the HSE, which must be done where the construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point, or exceed 500 person days.

In terms of the organisation of projects, the most significant of these changes is the replacement of the role of CDM coordinator with a new role of ‘principal designer’ (PD). The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. The role of principal designer is analogous to that of the principal contractor during the construction phase and includes:

* Planning, managing and monitoring the pre-construction phase.
* Ensuring risks are eliminated or controlled through design work.
* Passing information on to the principal contractor.
* Ensuring cooperation and coordination.
* Ensuring designers comply with their duties.
* Assisting the client in preparing pre-construction information.
* Preparing the health and safety file.

= =

=== CDM Issues on Site ===

* Health and safety risk on site could be the existing building, that it may contain asbestos.
* This will require a suitably skilled contractor to remove the asbestos in a safe way ensuring no harm is done to the public. The building will require a survey to establish if its structurally sound or any risks to prior construction.
* Making the client aware of their duties under the CDM 2015 regulations.
* To ensure that all information from the asbestos and building surveys is kept within the health and safety plan.
* Identify any design issues and consider any implications of any financial risk associated with the project. These risks will be clearly communicated to the contractor within the tender documentation.
* During construction, you must ensure that the contractor is following the health and safety plan and to make sure the principle designer is happy with the contractor health and safety plan.
* Who’s in charge of the site, should the site be open without the site foreman, site rules, temporary site foreman. The contractor owns the site therefore it’s their decisions. Maybe make contact and have it in writing.
* Health and safety in the work place. The health and safety officer randomly checks the place out.
* Contractor and designer duties they have the obligation to inform about the problems

= =

=== Case Study scenario if a construction site is suffering from mal-practices: ===

Is it a notifiable project, are the contractors fulfilling their CDM 2015 duties? Find out who’s in charge. You have the duty of care to notify the problem. Call the main contractors office. Call the HSE for their response but, this is considering to be a last resort. Principle designer should be notifying and review the situation. Prevention principles, manage risks and prevent risks. Putting up protection and reviewing the risks. Record the site, such as photographing and documenting incidences.

=== Actions to take afterwards: ===

Get everything what you saw and done in writing and contact the contractor, client anyone else who may be affected by the issue. Report what you have found. Highlight the things you found unacceptable and ask them what they going to do about and to prevent it from happening again. If all fails, get a specialist Health and safety officer to monitor the site.

= =

== CDM 2015 Client Duties ==

Clients are ‘…organisations or individuals for whom a construction project is carried out’. 
Domestic clients are ‘…people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.’

 
Domestic clients’ duties are normally transferred to the contractor on a single contractor project or to the principal contractor on a project involving more than one contractor. Alternatively, domestic clients can choose to have a written agreement with the principal designer to carry out the client duties.

 
Commercial clients, are not necessarily experts in construction and so they are not required to take an active role in managing work. However, they are required to make suitable arrangements for managing the project so that health, safety and welfare is secured. It is suggested that clients could prepare a clear client’s brief as a way of setting out these arrangements. Arrangements should focus on the needs of the particular project and should be proportionate to the size of, and risks arising from the work.

 
Very broadly, clients’ duties include:

* Ensuring other duty holders are appointed, that is, designers (including a principal designer on projects involving more than one contractor) and contractors (including a principal contractor on projects involving more than one contractor)
* Ensuring the roles, functions and responsibilities of the project team are clear.
* Ensuring that the people and organisations they appoint have the necessary skills,
* knowledge, experience and (if an organisation) the organisational capability to manage health and safety risks.
* Ensuring sufficient time and resources are allocated.
* Ensuring effective mechanisms are in place for members of the project team to communicate and cooperate with each other and coordinate their activities.
* Ensuring relevant information is prepared and provided to other duty holders.
* Ensuring the principal designer and principal contractor carry out their duties. This could be done by arranging project progress meetings or via written updates.
* Ensuring welfare facilities are provided.
* Maintaining and reviewing arrangements to ensure they remain relevant.

=== CDM 2015 Contractor Duties ===

The duties of contractors have changed slightly from the 2007 regulations. Contractors are 
defined in the guidance to the 2015 CDM Regulations as ‘…those who do the actual construction work and can be either an individual or a company’ that is, ‘…anyone who directly employs or engages construction workers or manages construction is a contractor. An individual, a sole trader, a self-employed worker, or a business that carries out, manages or

 
controls construction work as part of their business can be a contractor. This also includes 
companies that use their own workforce to do construction work on their own premises. The 
duties on contractors apply whether the workers under their control are employees, self-employed or agency workers.’

 
On projects where there is more than one contractor, the client must appoint a principal 
contractor to plan, manage, monitor and coordinate the construction phase of the project.

 
The duties of a contractor under the regulations include:

* Planning, managing and monitoring construction work under their control so that it is carried out without risks to health and safety, taking into account the risks to all those who may be affected, such as members of the public and those carrying out the construction work.
* Cooperating with other dutyholders.
* For projects involving more than one contractor, complying with directions given to them by the principal designer or principal contractor.
* Complying with the construction phase plan.
* Ensuring subcontractors and designers they appoint have the skills, knowledge and experience and, where relevant, organisational capability to carry out the work for which they are being appointed.
* Making enquiries to ensure the individuals they appoint have the necessary skills, knowledge, training and experience to carry out works in a way that secures health and safety for anyone working on the site; or that they are in the process of obtaining them.
* Establishing whether training is necessary for any worker.
* Ensuring that appropriate supervision is provided.
* Providing employees and workers under their control with the information and instructions they need to carry out their work without risk to health and safety. This must include a site induction, information about emergency procedures and information about relevant hazards.
* Not beginning work on site unless reasonable steps have been taken to prevent unauthorized access to the site.
* Providing welfare facilities. On projects involving more than one contractor, this will involve consultation with the principal contractor who has a similar duty.
* Not carrying out any construction work unless they are satisfied that the client is aware of their duties under the regulations.

If the client fails to appoint a principal contractor, the client must fulfill the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. This gives them a number of additional duties, including preparing a construction phase plan. See CDM 2015 principal contractor for more information.

 
A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

 
Where a client is a domestic client, the principal contractor must carry out the duties of the client under the regulations, however, where there is only one contractor, this means the contractor must carry out those duties (unless there is a written agreement that the principal designer will fulfill them). See Client duties under CDM 2015.

=== CDM 2015 Designer Duties ===

The duties of designers have changed slightly from the 2007 regulations. Designers are defined in the 2015 CDM Regulations as ‘…an organisation or individual, who prepares or modifes a design for a construction project (including the design of temporary works); or arranges for, or instruct someone else to do so.’

 
Designs include drawings, design details, specifications, bills of quantity and calculations. 
Designers include architects, engineers, quantity surveyors, interior designers, surveyors, 
technicians or anyone who specifies or alters a design. This can include contractors, principal contractors, specialist contractors, and commercial clients who become actively involved in design. It also includes those who select products for use in construction, and if a product is purpose built, those who prepare the specification and manufacturers if they develop a detailed design.

 
Designers must be provided with preconstruction information by the client or by the principal designer where one is required. The principal designer has responsibility for coordination of health and safety during the preconstruction phase. They are appointed by the client in projects involving more than one contractor. Preconstruction information is information in the client’s possession or information which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work.

 
The designer’s duties apply as soon as designs are prepared which may be used in construction work, including concept design, competitions, bids for grants, modification of existing designs and relevant work carried out as part of feasibility studies.

 
The duties of designers include:

* Ensuring they have the necessary skills, knowledge and experience.
* Not commencing work unless they are satisfied that the client is aware of their duties under the regulations.
* Cooperating with others involved with the project or any project on an adjoining site.
* Reporting instances where they or others are working in a way that puts them or anyone else in danger.
* Providing information to other members of the project team to help them fulfil their duties.
* Taking account of the general principles of prevention and the preconstruction information, with the aim of eliminating foreseeable risks. Where this is not possible, taking steps to reduce the risks or control them through the design process, and providing information about the remaining risks to other dutyholders.
* Where it is not possible to eliminate health and safety risks when preparing or modifying designs, designers must ensure appropriate information is included in the health and safety file about the reasonably practicable steps they have taken to reduce or control those risks.
* Agreeing with the principal designer the arrangements for the sharing of information to avoid omissions or duplicated effort.
* Ensuring that any information they provide is easy to understand and provided in good time.

=== CDM 2015 Principle Designer Duties ===

 
One of the key changes introduced by CDM 2015 is replacement of the role of CDM coordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for coordination of health and safety during the preconstruction phase. The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. Under the 2007 regulations, this role was often contracted out, resulting in extra costs, but the individual appointed was rarely properly embedded in the project team and so had little opportunity to influence the design.

Business structures commonly used by small businesses in Australia

2016-05-07T15:02:29Z

J.stark.pringle:

=== Forms of Practice ===

* Employment contract check
* How are you going to get the work, connections, who’s your clients
* Size of the company
* Experience in certain sectors e.g. education and health care
* Costs of overheads, buying equipment, potential employment, tax issues, vat
* What kind of legal structures, targets?

= =

=== Four main structures ===

The four main business structures commonly used by small businesses in Australia are:

* Sole trader: an individual operating as the sole person legally responsible for all aspects of the business. Like other structures, as a sole trader you can employ people to help you run your business.
* Company: a legal entity separate from its shareholders.
* Partnership: an association of people or entities running a business together, but not as a company.

Trust: an entity that holds property or income for the benefit of others.

= =

=== Choosing a structure ===

When deciding on a structure for your business, choose the one that best suits your business needs, keeping in mind that there are advantages and disadvantages for each structure. It's important to investigate each option carefully, as choosing your business structure is an important decision.

Your business structure can determine:

* the licenses you require how much tax you pay
* whether you're considered an employee, or the owner of the business
* your potential personal liability
* how much control you have over the business
* ongoing costs and volume of paper work for your business.

It is important to note that you can change your business structure throughout the life of your business. As your business grows and expands, you may decide to change your business structure, or to restructure your business.

Obtaining legal or other professional advice can help you understand your own particular circumstances. Speak to your accountant, or use our Advisor Finder tool to find a business adviser, when deciding on your business's structure and type. It is important to determine your business structure and business type before you register a business or company as the steps may differ.

{|
|width="33%"|
|width="33%"|Main Advantages
|width="33%"|Main Disadvantages
|-
|Sole Proprietorship
|* * Easy to create and maintain
* Business and owner are legally the same entity
* No fees associated with the creation of the business entity
* Owner may deduct a net business loss from personal income taxes
|* * Owner is personally liable for any debts, judgments or other liabilities of the business
* Owner must pay personal income taxes for all net business profits
|-
|LTD Company
|* * Limited Liability, in case the company goes in to financial difficulty, the assets and personal finances of shareholders are protected beyond value of their shareholding.
* Tax efficiency, more opportunity and great flexibility is offered by limited companies in the case of taxation on profits and on personal income
* Professional Status: A professional and corporate image is created by a limited company, thus boosting the value of business.
|* * Must incorporate the company with Companies House.
* Generally there are more costs to set up.
* One cannot be a director of a company if he is disqualified director or un-discharged bankrupt.
* There are certain restrictions with regard to the company name.
* The information relating to the owner of the company and the company are displayed on public record.
* There are more complex, time consuming accounting and administration requirements.
* Withdrawal of money form companies can be difficult.
|-
|General Partnership
|* * Easy to create and maintain
* No fees associated with creation of the business entity
* Owners may report their share of net business losses on personal income taxes
|* * All owners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Owners must pay personal income taxes for all net business profits
|-
|Limited Partnership
|* * Easy to attract investors as they are only liable for their total amount of their investment into the business
* The limited partners enjoy limited liability for any debts, judgments or other liabilities of the business
* The general partners are more free to focus their attention on the business
* General partners are able to raise cash without diminishing their control of the business Limited partners can leave the business without dissolving the limited partnership
|* * General partners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Can be more expensive to create than a general partnership
* Mainly suited to businesses such as real estate investment groups or in the film industry
|-
|Limited Liability Company (LLC)
|* * Owners of the business enjoy limited liability for the business' debts, judgments and other liabilities, even if the owners engage in significant control of the business
* The business profits and losses can be allocated to the owners along different lines than ownership interest (for example, a 10% owner may be allocated 30% of the business' profits)
* Owners can choose how the LLC will be taxed, either as a partnership or a corporation
|* * More expensive to establish than a sole proprietorship or partnership
|-
|Professional Limited Liability Company
|* * Allows state licensed professionals to enjoy the same advantages as a LLC
|* * Same disadvantages as a LLC
* All members must belong to the same profession
|-
|Limited Liability Partnership
|* * Business entities associated with things like law, medicine and accounting normally use this
* Partners are not liable for the malpractice of other partners
* Partners take their share of loss or gain on their personal income taxes
|* * Partners remain personally liable for obligations to business creditors, landlords and lenders
* Not every state allows limited liability partnerships
* Often limited to only a select few professions
|}

= [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] =

=== Related articles on [http://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] ===

* [http://www.designingbuildings.co.uk/wiki/Business_model Business model].
* [http://www.designingbuildings.co.uk/wiki/Construction_industry_institutes_and_associations Construction industry institutes and associations].
* [http://www.designingbuildings.co.uk/wiki/Construction_organisation_design Construction organisation design].
* [http://www.designingbuildings.co.uk/wiki/Construction_organisations_and_strategy Construction organisations and strategy].
* [http://www.designingbuildings.co.uk/wiki/Ir35 IR35].
* [http://www.designingbuildings.co.uk/wiki/Joint_venture Joint venture].
* [http://www.designingbuildings.co.uk/wiki/Limited_Liability_Partnership Limited liability partnership].
* [http://www.designingbuildings.co.uk/wiki/Partnering_and_joint_ventures Partnering and joint ventures].
* [http://www.designingbuildings.co.uk/wiki/Personal_Service_Company Personal service company].
* [http://www.designingbuildings.co.uk/wiki/Special_purpose_vehicles Special purpose vehicles].
* [http://www.designingbuildings.co.uk/wiki/VAT VAT]

Business structures commonly used by small businesses in Australia

2016-05-07T15:01:10Z

J.stark.pringle:

Forms of Practice

* Employment contract check
* How are you going to get the work, connections, who’s your clients
* Size of the company
* Experience in certain sectors e.g. education and health care
* Costs of overheads, buying equipment, potential employment, tax issues, vat
* What kind of legal structures, targets?

= =

=== Four main structures ===

The four main business structures commonly used by small businesses in Australia are:

* Sole trader: an individual operating as the sole person legally responsible for all aspects of the business. Like other structures, as a sole trader you can employ people to help you run your business.
* Company: a legal entity separate from its shareholders.
* Partnership: an association of people or entities running a business together, but not as a company.

Trust: an entity that holds property or income for the benefit of others.

= =

=== Choosing a structure ===

When deciding on a structure for your business, choose the one that best suits your business needs, keeping in mind that there are advantages and disadvantages for each structure. It's important to investigate each option carefully, as choosing your business structure is an important decision.

Your business structure can determine:

* the licenses you require how much tax you pay
* whether you're considered an employee, or the owner of the business
* your potential personal liability
* how much control you have over the business
* ongoing costs and volume of paper work for your business.

It is important to note that you can change your business structure throughout the life of your business. As your business grows and expands, you may decide to change your business structure, or to restructure your business.

Obtaining legal or other professional advice can help you understand your own particular circumstances. Speak to your accountant, or use our Advisor Finder tool to find a business adviser, when deciding on your business's structure and type. It is important to determine your business structure and business type before you register a business or company as the steps may differ.

{|
|width="33%"|
|width="33%"|Main Advantages
|width="33%"|Main Disadvantages
|-
|Sole Proprietorship
|* * Easy to create and maintain
* Business and owner are legally the same entity
* No fees associated with the creation of the business entity
* Owner may deduct a net business loss from personal income taxes
|* * Owner is personally liable for any debts, judgments or other liabilities of the business
* Owner must pay personal income taxes for all net business profits
|-
|LTD Company
|* * Limited Liability, in case the company goes in to financial difficulty, the assets and personal finances of shareholders are protected beyond value of their shareholding.
* Tax efficiency, more opportunity and great flexibility is offered by limited companies in the case of taxation on profits and on personal income
* Professional Status: A professional and corporate image is created by a limited company, thus boosting the value of business.
|* * Must incorporate the company with Companies House.
* Generally there are more costs to set up.
* One cannot be a director of a company if he is disqualified director or un-discharged bankrupt.
* There are certain restrictions with regard to the company name.
* The information relating to the owner of the company and the company are displayed on public record.
* There are more complex, time consuming accounting and administration requirements.
* Withdrawal of money form companies can be difficult.
|-
|General Partnership
|* * Easy to create and maintain
* No fees associated with creation of the business entity
* Owners may report their share of net business losses on personal income taxes
|* * All owners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Owners must pay personal income taxes for all net business profits
|-
|Limited Partnership
|* * Easy to attract investors as they are only liable for their total amount of their investment into the business
* The limited partners enjoy limited liability for any debts, judgments or other liabilities of the business
* The general partners are more free to focus their attention on the business
* General partners are able to raise cash without diminishing their control of the business Limited partners can leave the business without dissolving the limited partnership
|* * General partners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Can be more expensive to create than a general partnership
* Mainly suited to businesses such as real estate investment groups or in the film industry
|-
|Limited Liability Company (LLC)
|* * Owners of the business enjoy limited liability for the business' debts, judgments and other liabilities, even if the owners engage in significant control of the business
* The business profits and losses can be allocated to the owners along different lines than ownership interest (for example, a 10% owner may be allocated 30% of the business' profits)
* Owners can choose how the LLC will be taxed, either as a partnership or a corporation
|* * More expensive to establish than a sole proprietorship or partnership
|-
|Professional Limited Liability Company
|* * Allows state licensed professionals to enjoy the same advantages as a LLC
|* * Same disadvantages as a LLC
* All members must belong to the same profession
|-
|Limited Liability Partnership
|* * Business entities associated with things like law, medicine and accounting normally use this
* Partners are not liable for the malpractice of other partners
* Partners take their share of loss or gain on their personal income taxes
|* * Partners remain personally liable for obligations to business creditors, landlords and lenders
* Not every state allows limited liability partnerships
* Often limited to only a select few professions
|}

= [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] =

=== Related articles on [http://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] ===

* [http://www.designingbuildings.co.uk/wiki/Business_model Business model].
* [http://www.designingbuildings.co.uk/wiki/Construction_industry_institutes_and_associations Construction industry institutes and associations].
* [http://www.designingbuildings.co.uk/wiki/Construction_organisation_design Construction organisation design].
* [http://www.designingbuildings.co.uk/wiki/Construction_organisations_and_strategy Construction organisations and strategy].
* [http://www.designingbuildings.co.uk/wiki/Ir35 IR35].
* [http://www.designingbuildings.co.uk/wiki/Joint_venture Joint venture].
* [http://www.designingbuildings.co.uk/wiki/Limited_Liability_Partnership Limited liability partnership].
* [http://www.designingbuildings.co.uk/wiki/Partnering_and_joint_ventures Partnering and joint ventures].
* [http://www.designingbuildings.co.uk/wiki/Personal_Service_Company Personal service company].
* [http://www.designingbuildings.co.uk/wiki/Special_purpose_vehicles Special purpose vehicles].
* [http://www.designingbuildings.co.uk/wiki/VAT VAT]

Business structures commonly used by small businesses in Australia

2016-05-07T14:58:25Z

J.stark.pringle:

Four main structures

The four main business structures commonly used by small businesses in Australia are:

* Sole trader: an individual operating as the sole person legally responsible for all aspects of the business. Like other structures, as a sole trader you can employ people to help you run your business.
* Company: a legal entity separate from its shareholders.
* Partnership: an association of people or entities running a business together, but not as a company.

Trust: an entity that holds property or income for the benefit of others.

= =

Choosing a structure

When deciding on a structure for your business, choose the one that best suits your business needs, keeping in mind that there are advantages and disadvantages for each structure. It's important to investigate each option carefully, as choosing your business structure is an important decision.

Your business structure can determine:

* the licenses you require how much tax you pay
* whether you're considered an employee, or the owner of the business
* your potential personal liability
* how much control you have over the business
* ongoing costs and volume of paper work for your business.

It is important to note that you can change your business structure throughout the life of your business. As your business grows and expands, you may decide to change your business structure, or to restructure your business.

Obtaining legal or other professional advice can help you understand your own particular circumstances. Speak to your accountant, or use our Advisor Finder tool to find a business adviser, when deciding on your business's structure and type. It is important to determine your business structure and business type before you register a business or company as the steps may differ.

{|
|width="33%"|
|width="33%"|Main Advantages
|width="33%"|Main Disadvantages
|-
|Sole Proprietorship
|* * Easy to create and maintain
* Business and owner are legally the same entity
* No fees associated with the creation of the business entity
* Owner may deduct a net business loss from personal income taxes
|* * Owner is personally liable for any debts, judgments or other liabilities of the business
* Owner must pay personal income taxes for all net business profits
|-
|LTD Company
|* * Limited Liability, in case the company goes in to financial difficulty, the assets and personal finances of shareholders are protected beyond value of their shareholding.
* Tax efficiency, more opportunity and great flexibility is offered by limited companies in the case of taxation on profits and on personal income
* Professional Status: A professional and corporate image is created by a limited company, thus boosting the value of business.
|* * Must incorporate the company with Companies House.
* Generally there are more costs to set up.
* One cannot be a director of a company if he is disqualified director or un-discharged bankrupt.
* There are certain restrictions with regard to the company name.
* The information relating to the owner of the company and the company are displayed on public record.
* There are more complex, time consuming accounting and administration requirements.
* Withdrawal of money form companies can be difficult.
|-
|General Partnership
|* * Easy to create and maintain
* No fees associated with creation of the business entity
* Owners may report their share of net business losses on personal income taxes
|* * All owners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Owners must pay personal income taxes for all net business profits
|-
|Limited Partnership
|* * Easy to attract investors as they are only liable for their total amount of their investment into the business
* The limited partners enjoy limited liability for any debts, judgments or other liabilities of the business
* The general partners are more free to focus their attention on the business
* General partners are able to raise cash without diminishing their control of the business Limited partners can leave the business without dissolving the limited partnership
|* * General partners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Can be more expensive to create than a general partnership
* Mainly suited to businesses such as real estate investment groups or in the film industry
|-
|Limited Liability Company (LLC)
|* * Owners of the business enjoy limited liability for the business' debts, judgments and other liabilities, even if the owners engage in significant control of the business
* The business profits and losses can be allocated to the owners along different lines than ownership interest (for example, a 10% owner may be allocated 30% of the business' profits)
* Owners can choose how the LLC will be taxed, either as a partnership or a corporation
|* * More expensive to establish than a sole proprietorship or partnership
|-
|Professional Limited Liability Company
|* * Allows state licensed professionals to enjoy the same advantages as a LLC
|* * Same disadvantages as a LLC
* All members must belong to the same profession
|-
|Limited Liability Partnership
|* * Business entities associated with things like law, medicine and accounting normally use this
* Partners are not liable for the malpractice of other partners
* Partners take their share of loss or gain on their personal income taxes
|* * Partners remain personally liable for obligations to business creditors, landlords and lenders
* Not every state allows limited liability partnerships
* Often limited to only a select few professions
|}

= [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] =

=== Related articles on [http://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] ===

* [http://www.designingbuildings.co.uk/wiki/Business_model Business model].
* [http://www.designingbuildings.co.uk/wiki/Construction_industry_institutes_and_associations Construction industry institutes and associations].
* [http://www.designingbuildings.co.uk/wiki/Construction_organisation_design Construction organisation design].
* [http://www.designingbuildings.co.uk/wiki/Construction_organisations_and_strategy Construction organisations and strategy].
* [http://www.designingbuildings.co.uk/wiki/Ir35 IR35].
* [http://www.designingbuildings.co.uk/wiki/Joint_venture Joint venture].
* [http://www.designingbuildings.co.uk/wiki/Limited_Liability_Partnership Limited liability partnership].
* [http://www.designingbuildings.co.uk/wiki/Partnering_and_joint_ventures Partnering and joint ventures].
* [http://www.designingbuildings.co.uk/wiki/Personal_Service_Company Personal service company].
* [http://www.designingbuildings.co.uk/wiki/Special_purpose_vehicles Special purpose vehicles].
* [http://www.designingbuildings.co.uk/wiki/VAT VAT]

Business structures commonly used by small businesses in Australia

2016-05-07T14:56:47Z

J.stark.pringle:

Business structures commonly used by small businesses in Australia

2016-05-07T14:54:50Z

J.stark.pringle:

Four main structures

The four main business structures commonly used by small businesses in Australia are:

* Sole trader: an individual operating as the sole person legally responsible for all aspects of the business. Like other structures, as a sole trader you can employ people to help you run your business.
* Company: a legal entity separate from its shareholders.
* Partnership: an association of people or entities running a business together, but not as a company.

Trust: an entity that holds property or income for the benefit of others.

= =

Choosing a structure

When deciding on a structure for your business, choose the one that best suits your business needs, keeping in mind that there are advantages and disadvantages for each structure. It's important to investigate each option carefully, as choosing your business structure is an important decision.

Your business structure can determine:

* the licenses you require how much tax you pay
* whether you're considered an employee, or the owner of the business
* your potential personal liability
* how much control you have over the business
* ongoing costs and volume of paper work for your business.

It is important to note that you can change your business structure throughout the life of your business. As your business grows and expands, you may decide to change your business structure, or to restructure your business.

Obtaining legal or other professional advice can help you understand your own particular circumstances. Speak to your accountant, or use our Advisor Finder tool to find a business adviser, when deciding on your business's structure and type. It is important to determine your business structure and business type before you register a business or company as the steps may differ.

{|
|width="33%"|
|width="33%"|Main Advantages
|width="33%"|Main Disadvantages
|-
|Sole Proprietorship
|* Easy to create and maintain
* Business and owner are legally the same entity
* No fees associated with the creation of the business entity
* Owner may deduct a net business loss from personal income taxes
|* Owner is personally liable for any debts, judgments or other liabilities of the business
* Owner must pay personal income taxes for all net business profits
|-
|LTD Company
|* Limited Liability, in case the company goes in to financial difficulty, the assets and personal finances of shareholders are protected beyond value of their shareholding.
* Tax efficiency, more opportunity and great flexibility is offered by limited companies in the case of taxation on profits and on personal income
* Professional Status: A professional and corporate image is created by a limited company, thus boosting the value of business.
|* Must incorporate the company with Companies House.
* Generally there are more costs to set up.
* One cannot be a director of a company if he is disqualified director or un-discharged bankrupt.
* There are certain restrictions with regard to the company name.
* The information relating to the owner of the company and the company are displayed on public record.
* There are more complex, time consuming accounting and administration requirements.
* Withdrawal of money form companies can be difficult.
|-
|General Partnership
|* Easy to create and maintain
* No fees associated with creation of the business entity
* Owners may report their share of net business losses on personal income taxes
|* All owners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Owners must pay personal income taxes for all net business profits
|-
|Limited Partnership
|* Easy to attract investors as they are only liable for their total amount of their investment into the business
* The limited partners enjoy limited liability for any debts, judgments or other liabilities of the business
* The general partners are more free to focus their attention on the business
* General partners are able to raise cash without diminishing their control of the business Limited partners can leave the business without dissolving the limited partnership
|* General partners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Can be more expensive to create than a general partnership
* Mainly suited to businesses such as real estate investment groups or in the film industry
|-
|Limited Liability Company (LLC)
|* Owners of the business enjoy limited liability for the business' debts, judgments and other liabilities, even if the owners engage in significant control of the business
* The business profits and losses can be allocated to the owners along different lines than ownership interest (for example, a 10% owner may be allocated 30% of the business' profits)
* Owners can choose how the LLC will be taxed, either as a partnership or a corporation
|* More expensive to establish than a sole proprietorship or partnership
|-
|Professional Limited Liability Company
|* Allows state licensed professionals to enjoy the same advantages as a LLC
|* Same disadvantages as a LLC
* All members must belong to the same profession
|-
|Limited Liability Partnership
|* Business entities associated with things like law, medicine and accounting normally use this
* Partners are not liable for the malpractice of other partners
* Partners take their share of loss or gain on their personal income taxes
|* Partners remain personally liable for obligations to business creditors, landlords and lenders
* Not every state allows limited liability partnerships
* Often limited to only a select few professions
|}

Business structures commonly used by small businesses in Australia

2016-05-07T14:52:46Z

J.stark.pringle: Created page with "Four main structures The four main business structures commonly used by small businesses in Australia are: Sole trader: an individual operating as the sole person legally respo..."

Four main structures

The four main business structures commonly used by small businesses in Australia are:

Sole trader: an individual operating as the sole person legally responsible for all aspects of the business. Like other structures, as a sole trader you can employ people to help you run your business.

Company: a legal entity separate from its shareholders.

Partnership: an association of people or entities running a business together, but not as a company.

Trust: an entity that holds property or income for the benefit of others.

= =

Choosing a structure

When deciding on a structure for your business, choose the one that best suits your business needs, keeping in mind that there are advantages and disadvantages for each structure. It's important to investigate each option carefully, as choosing your business structure is an important decision.

Your business structure can determine:

* the licenses you require how much tax you pay
* whether you're considered an employee, or the owner of the business
* your potential personal liability
* how much control you have over the business
* ongoing costs and volume of paper work for your business.

It is important to note that you can change your business structure throughout the life of your business. As your business grows and expands, you may decide to change your business structure, or to restructure your business.

Obtaining legal or other professional advice can help you understand your own particular circumstances. Speak to your accountant, or use our Advisor Finder tool to find a business adviser, when deciding on your business's structure and type. It is important to determine your business structure and business type before you register a business or company as the steps may differ.

{|
|width="33%"|
|width="33%"|Main Advantages
|width="33%"|Main Disadvantages
|-
|Sole Proprietorship
|* Easy to create and maintain
* Business and owner are legally the same entity
* No fees associated with the creation of the business entity
* Owner may deduct a net business loss from personal income taxes
|* Owner is personally liable for any debts, judgments or other liabilities of the business
* Owner must pay personal income taxes for all net business profits
|-
|LTD Company
|* Limited Liability, in case the company goes in to financial difficulty, the assets and personal finances of shareholders are protected beyond value of their shareholding.
* Tax efficiency, more opportunity and great flexibility is offered by limited companies in the case of taxation on profits and on personal income
* Professional Status: A professional and corporate image is created by a limited company, thus boosting the value of business.
|* Must incorporate the company with Companies House.
* Generally there are more costs to set up.
* One cannot be a director of a company if he is disqualified director or un-discharged bankrupt.
* There are certain restrictions with regard to the company name.
* The information relating to the owner of the company and the company are displayed on public record.
* There are more complex, time consuming accounting and administration requirements.
* Withdrawal of money form companies can be difficult.
|-
|General Partnership
|* Easy to create and maintain
* No fees associated with creation of the business entity
* Owners may report their share of net business losses on personal income taxes
|* All owners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Owners must pay personal income taxes for all net business profits
|-
|Limited Partnership
|* Easy to attract investors as they are only liable for their total amount of their investment into the business
* The limited partners enjoy limited liability for any debts, judgments or other liabilities of the business
* The general partners are more free to focus their attention on the business
* General partners are able to raise cash without diminishing their control of the business Limited partners can leave the business without dissolving the limited partnership
|* General partners are jointly and personally liable for any debts, judgments or other liabilities of the business
* Can be more expensive to create than a general partnership
* Mainly suited to businesses such as real estate investment groups or in the film industry
|-
|Limited Liability Company (LLC)
|* Owners of the business enjoy limited liability for the business' debts, judgments and other liabilities, even if the owners engage in significant control of the business
* The business profits and losses can be allocated to the owners along different lines than ownership interest (for example, a 10% owner may be allocated 30% of the business' profits)
* Owners can choose how the LLC will be taxed, either as a partnership or a corporation
|More expensive to establish than a sole proprietorship or partnership
|-
|Professional Limited Liability Company
|* Allows state licensed professionals to enjoy the same advantages as a LLC
|* Same disadvantages as a LLC
* All members must belong to the same profession
|-
|Limited Liability Partnership
|* Business entities associated with things like law, medicine and accounting normally use this
* Partners are not liable for the malpractice of other partners
* Partners take their share of loss or gain on their personal income taxes
|* Partners remain personally liable for obligations to business creditors, landlords and lenders
* Not every state allows limited liability partnerships
* Often limited to only a select few professions
|}

CDM 2015

2016-05-01T23:27:16Z

J.stark.pringle:

The Construction (Design and Management) Regulations (CDM Regulations) ([http://www.legislation.gov.uk/uksi/2015/51/contents/made http://www.legislation.gov.uk/uksi/2015/51/contents/made]) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 following publication of European Directive 92/57/EEC on minimum safety and health standards for temporary or mobile construction sites. The CDM Regulations were revised in 2007, and a further revision came into force on 6 April 2015.

The latest revision resulted from:

* A perceived over-interpretation of the regulations.
* A belief that the coordination function in the preconstruction phase was often a bureaucratic add on that was not always embedded in the project, resulting in additional costs with little additional value.
* The persistence of unacceptable standards, particularly on smaller sites.

The regulations therefore made the following changes:

* Structural simplification of the regulations to make them easier to understand.
* The replacement of the Approved Code of Practice (ACOP) with more targeted guidance.
* Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
* Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
* Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
* Changing the threshold for appointment of coordinators (principal contractors and principal designers), to require coordinators where there is more than one contractor. HSE suggest that this will capture close to an additional 1 million projects a year, but that the requirements will be proportionate and little more work will be necessary. Some concern has been expressed about what constitutes more than one contractor, and how it is possible to know how many contractors may be needed.
* This separates the threshold for coordination from that of notifying the HSE, which must be done where the construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point, or exceed 500 person days.

In terms of the organisation of projects, the most significant of these changes is the replacement of the role of CDM coordinator with a new role of ‘principal designer’ (PD). The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. The role of principal designer is analogous to that of the principal contractor during the construction phase and includes:

* Planning, managing and monitoring the preconstruction phase.
* Ensuring risks are eliminated or controlled through design work.
* Passing information on to the principal contractor.
* Ensuring cooperation and coordination.
* Ensuring designers comply with their duties.
* Assisting the client in preparing preconstruction information.
* Preparing the health and safety file.

= =

== CDM Issues on Site ==

* Health and safety risk on site could be the existing building, that it may contain asbestos. This will require a suitably skilled contractor to remove the asbestos in a safe way ensuring no harm is done to the public. The building will require a survey to establish if its structurally sound or any risks to prior construction.
* Making the client aware of their duties under the CDM 2015 regulations.
* To ensure that all information from the asbestos and building surveys is kept within the health and safety plan.
* Identify any design issues and consider any implications of any financial risk associated with the project. These risks will be clearly communicated to the contractor within the tender documentation.
* During construction, you must ensure that the contractor is following the health and safety plan and to make sure the principle designer is happy with the contractor health and safety plan.
* Who’s in charge of the site, should the site be open without the site foreman, site rules, temporary site foreman. The contractor owns the site therefore it’s their decisions. Maybe make contact and have it in writing.
* Health and safety in the work place. The health and safety officer randomly checks the place out.
* Contractor and designer duties they have the obligation to inform about the problems

= =

== CDM 2015 client duties ==

Clients are ‘…organisations or individuals for whom a construction project is carried out’. Domestic clients are ‘…people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.’

Domestic clients’ duties are normally transferred to the contractor on a single contractor project or to the principal contractor on a project involving more than one contractor. Alternatively, domestic clients can choose to have a written agreement with the principal designer to carry out the client duties.

Commercial clients, are not necessarily experts in construction and so they are not required to take an active role in managing work. However, they are required to make suitable arrangements for managing the project so that health, safety and welfare is secured. It is suggested that clients could prepare a clear client’s brief as a way of setting out these arrangements. Arrangements should focus on the needs of the particular project and should be proportionate to the size of, and risks arising from the work.

Very broadly, clients’ duties include:

* Ensuring other dutyholders are appointed, that is, designers (including a principal designer on projects involving more than one contractor) and contractors (including a principal contractor on projects involving more than one contractor)
* Ensuring the roles, functions and responsibilities of the project team are clear.
* Ensuring that the people and organisations they appoint have the necessary skills, knowledge, experience and (if an organisation) the organisational capability to manage health and safety risks.
* Ensuring sufficient time and resources are allocated.
* Ensuring effective mechanisms are in place for members of the project team to communicate and cooperate with each other and coordinate their activities.
* Ensuring relevant information is prepared and provided to other dutyholders.
* Ensuring the principal designer and principal contractor carry out their duties. This could be done by arranging project progress meetings or via written updates.
* Ensuring welfare facilities are provided.
* Maintaining and reviewing arrangements to ensure they remain relevant.

== CDM 2015 Contractor duties ==

The duties of contractors have changed slightly from the 2007 regulations. Contractors are defined in the guidance to the 2015 CDM Regulations as ‘…those who do the actual construction work and can be either an individual or a company’ that is, ‘…anyone who directly employs or engages construction workers or manages construction is a contractor. An individual, a sole trader, a self-employed worker, or a business that carries out, manages or

controls construction work as part of their business can be a contractor. This also includes companies that use their own workforce to do construction work on their own premises. The duties on contractors apply whether the workers under their control are employees, self-employed or agency workers.’

On projects where there is more than one contractor, the client must appoint a principal contractor to plan, manage, monitor and coordinate the construction phase of the project.

The duties of a contractor under the regulations include:

* Planning, managing and monitoring construction work under their control so that it is carried out without risks to health and safety, taking into account the risks to all those who may be affected, such as members of the public and those carrying out the construction work.
* Cooperating with other dutyholders.
* For projects involving more than one contractor, complying with directions given to them by the principal designer or principal contractor.
* Complying with the construction phase plan.
* Ensuring subcontractors and designers they appoint have the skills, knowledge and experience and, where relevant, organisational capability to carry out the work for which they are being appointed.
* Making enquiries to ensure the individuals they appoint have the necessary skills, knowledge, training and experience to carry out works in a way that secures health and safety for anyone working on the site; or that they are in the process of obtaining them.
* Establishing whether training is necessary for any worker.
* Ensuring that appropriate supervision is provided.
* Providing employees and workers under their control with the information and instructions they need to carry out their work without risk to health and safety. This must include a site induction, information about emergency procedures and information about relevant hazards.
* Not beginning work on site unless reasonable steps have been taken to prevent unauthorized access to the site.
* Providing welfare facilities. On projects involving more than one contractor, this will involve consultation with the principal contractor who has a similar duty.
* Not carrying out any construction work unless they are satisfied that the client is aware of their duties under the regulations.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. This gives them a number of additional duties, including preparing a construction phase plan. See CDM 2015 principal contractor for more information.

A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

Where a client is a domestic client, the principal contractor must carry out the duties of the client under the regulations, however, where there is only one contractor, this means the contractor must carry out those duties (unless there is a written agreement that the principal designer will fulfil them). See Client duties under CDM 2015.

== CDM 2015 Designer duties ==

The duties of designers have changed slightly from the 2007 regulations. Designers are defined in the 2015 CDM Regulations as ‘…an organisation or individual, who prepares or modifes a design for a construction project (including the design of temporary works); or arranges for, or instruct someone else to do so.’

Designs include drawings, design details, specifications, bills of quantity and calculations.

Designers include architects, engineers, quantity surveyors, interior designers, surveyors, technicians or anyone who specifies or alters a design. This can include contractors, principal contractors, specialist contractors, and commercial clients who become actively involved in design. It also includes those who select products for use in construction, and if a product is purpose built, those who prepare the specification and manufacturers if they develop a detailed design.

Designers must be provided with preconstruction information by the client or by the principal designer where one is required. The principal designer has responsibility for coordination of health and safety during the pre-construction phase. They are appointed by the client in projects involving more than one contractor. Pre-construction information is information in the client’s possession or information which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work.

The designer’s duties apply as soon as designs are prepared which may be used in construction work, including concept design, competitions, bids for grants, modification of existing designs and relevant work carried out as part of feasibility studies.

The duties of designers include:

* Ensuring they have the necessary skills, knowledge and experience.
* Not commencing work unless they are satisfied that the client is aware of their duties under the regulations.
* Cooperating with others involved with the project or any project on an adjoining site.
* Reporting instances where they or others are working in a way that puts them or anyone else in danger.
* Providing information to other members of the project team to help them fulfil their duties.
* Taking account of the general principles of prevention and the preconstruction information, with the aim of eliminating foreseeable risks. Where this is not possible, taking steps to reduce the risks or control them through the design process, and providing information about the remaining risks to other duty-holders.
* Where it is not possible to eliminate health and safety risks when preparing or modifying designs, designers must ensure appropriate information is included in the health and safety file about the reasonably practicable steps they have taken to reduce or control those risks.
* Agreeing with the principal designer the arrangements for the sharing of information to avoid omissions or duplicated effort.
* Ensuring that any information they provide is easy to understand and provided in good time.

== CDM 2015 Principle Designer duties ==

One of the key changes introduced by CDM 2015 is replacement of the role of CDM co-ordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for co-ordination of health and safety during the pre-construction phase. The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. Under the 2007 regulations, this role was often contracted out, resulting in extra costs, but the individual appointed was rarely properly embedded in the project team and so had little opportunity to influence the design.

Guidance published by the Health and Safety Executive in January 2015, defines principal designers as ‘…designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.’ This may be combined with other roles on the project, such as project manager or architect.

The guidance suggests that the role of principal designer includes:

* Informing the client of their duties under the regulations.
* Planning, managing and monitoring health and safety in the pre-construction phase, including; identifying, eliminating or controlling foreseeable risks; and ensuring designers carry out their duties.
* Helping compile pre-construction information and providing it to designers and contractors.
* Preparing the health and safety file and then reviewing, updating and revising it as the project progresses.
* Liaising with the principal contractor to help in the planning, managing, monitoring and co-ordination of the construction phase.
* Taking into account the general principles of prevention.
* Ensuring that all persons working in relation to the pre-construction phase cooperate with the client, the principal designer and each other.
* Checking that designers have sufficient skills, knowledge, experience and (if they are an organisation) the organisational capability to carry out the work.

In addition, domestic clients can choose to have a written agreement with the principal designer to transfer their duties to the principal designer.

The principal designer should be appointed as early as possible in the design process (if practicable at the concept stage) and at least before the start of the construction phase, so they have enough time to carry out their duties to plan and manage the pre-construction and construction phases. If a client fails to appoint a principal designer, the client must carry out their duties.

If domestic clients on projects involving more than one contractor fail to appoint a principal contractor and principal designer, those duties will fall to the designer and contractor in control of the pre-construction and construction phases. See CDM for self-builders and domestic clients for more information.

== CDM 2015 Principle Contractor duties ==

The role of principal contractor is not a new one, but their responsibilities have changed slightly from the 2007 regulations.

Principal contractors are defined in the 2015 CDM Regulations as ‘…contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor …They … must possess the skills, knowledge, and experience, and (if an organisation) the organisational capability necessary to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.‘

For projects involving more than one contractor, the client must appoint a principal contractor as soon as practicable, and before the start of the construction phase, so they have enough time to plan and manage the construction phase.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

The role of principal contractor involves:

* Planning, managing, monitoring and coordinating the construction phase of a project.
* Consulting and engaging with workers.
* Liaising with the client and principal designer.
* Ensuring anyone they appoint has the necessary skills, knowledge, and experience and, where they are an organisation, the organisational capability to carry out the work in a way that secures health and safety.
* Coordinating the work of contractors.
* Ensuring that the contractors under their control cooperate with each other.
* Ensuring suitable site inductions are provided.
* Ensuring reasonable steps are taken to prevent unauthorised access.
* Ensuring that suitable welfare facilities are provided and maintained throughout the construction phase.
* Before the construction site is set up, preparing, reviewing and revising the construction phase plan for the project setting out health and safety arrangements and site rules.
* Ensuring that the construction phase plan is appropriately reviewed, updated and revised during the construction phase.
* Providing the principal designer with any information in the principal contractor’s possession relevant to the health and safety file.
* If the principal designer’s appointment finishes before the end of the project, the health and safety file must be passed to the principal contractor for the remainder of the project. The principal contractor must then take on the responsibility for reviewing, updating and revising it and passing it to the client when the project finishes.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* 2007 CDM regulations.
* Construction phase plan.
* CDM 2015 draft guidance.
* CDM 2015 client duties.
* CDM 2015 contractor duties.
* CDM 2015 designer duties.
* CDM 2015 legal considerations.
* CDM 2015 principal contractor duties.
* CDM 2015 principal designer duties.
* CDM 2015 worker duties.
* CDM co-ordinator.
* CDM for self-builders and domestic clients.
* CDM Principles of prevention.
* Deleterious materials.
* Domestic client.
* Hazardous substances.
* Health and safety file.
* Health and safety offences, corporate manslaughter and food safety and hygiene offences definitive guideline.
* Health and safety policy.
* Pollution.
* Pre-construction information.
* Safety briefing.
* Toolbox talk.

=== External references ===

* [http://www.hse.gov.uk/pubns/priced/draft-l153.pdf Draft Guidance on The Construction (Design and Management) Regulations 2015].
* HSE, [http://www.hse.gov.uk/consult/condocs/cd261.htm consultation for the proposed revision].
* Construction Manager: [http://www.construction-manager.co.uk/agenda/muddied-waters-cdm-2015-divides-industry/ Muddied waters, CDM 2015 divides the industry]. 1 May 2014.

[[Category:Health_and_safety_/_CDM]] [[Category:Regulations]] [[Category:Design]]

CDM 2015

2016-05-01T23:26:03Z

J.stark.pringle:

The Construction (Design and Management) Regulations (CDM Regulations) ([http://www.legislation.gov.uk/uksi/2015/51/contents/made http://www.legislation.gov.uk/uksi/2015/51/contents/made]) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 following publication of European Directive 92/57/EEC on minimum safety and health standards for temporary or mobile construction sites. The CDM Regulations were revised in 2007, and a further revision came into force on 6 April 2015.

The latest revision resulted from:

* A perceived over-interpretation of the regulations.
* A belief that the coordination function in the preconstruction phase was often a bureaucratic add on that was not always embedded in the project, resulting in additional costs with little additional value.
* The persistence of unacceptable standards, particularly on smaller sites.

The regulations therefore made the following changes:

* Structural simplification of the regulations to make them easier to understand.
* The replacement of the Approved Code of Practice (ACOP) with more targeted guidance.
* Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
* Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
* Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
* Changing the threshold for appointment of coordinators (principal contractors and principal designers), to require coordinators where there is more than one contractor. HSE suggest that this will capture close to an additional 1 million projects a year, but that the requirements will be proportionate and little more work will be necessary. Some concern has been expressed about what constitutes more than one contractor, and how it is possible to know how many contractors may be needed.
* This separates the threshold for coordination from that of notifying the HSE, which must be done where the construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point, or exceed 500 person days.

In terms of the organisation of projects, the most significant of these changes is the replacement of the role of CDM coordinator with a new role of ‘principal designer’ (PD). The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. The role of principal designer is analogous to that of the principal contractor during the construction phase and includes:

* Planning, managing and monitoring the preconstruction phase.
* Ensuring risks are eliminated or controlled through design work.
* Passing information on to the principal contractor.
* Ensuring cooperation and coordination.
* Ensuring designers comply with their duties.
* Assisting the client in preparing preconstruction information.
* Preparing the health and safety file.

= =

== CDM Issues on Site ==

* Health and safety risk on site could be the existing building, that it may contain asbestos. This will require a suitably skilled contractor to remove the asbestos in a safe way ensuring no harm is done to the public. The building will require a survey to establish if its structurally sound or any risks to prior construction.
* Making the client aware of their duties under the CDM 2015 regulations.
* To ensure that all information from the asbestos and building surveys is kept within the health and safety plan.
* Identify any design issues and consider any implications of any financial risk associated with the project. These risks will be clearly communicated to the contractor within the tender documentation.
* During construction, you must ensure that the contractor is following the health and safety plan and to make sure the principle designer is happy with the contractor health and safety plan.
* Who’s in charge of the site, should the site be open without the site foreman, site rules, temporary site foreman. The contractor owns the site therefore it’s their decisions. Maybe make contact and have it in writing.
* Health and safety in the work place. The health and safety officer randomly checks the place out.
* Contractor and designer duties they have the obligation to inform about the problems

= =

== CDM 2015 client duties ==

Clients are ‘…organisations or individuals for whom a construction project is carried out’. Domestic clients are ‘…people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.’

Domestic clients’ duties are normally transferred to the contractor on a single contractor project or to the principal contractor on a project involving more than one contractor. Alternatively, domestic clients can choose to have a written agreement with the principal designer to carry out the client duties.

Commercial clients, are not necessarily experts in construction and so they are not required to take an active role in managing work. However, they are required to make suitable arrangements for managing the project so that health, safety and welfare is secured. It is suggested that clients could prepare a clear client’s brief as a way of setting out these arrangements. Arrangements should focus on the needs of the particular project and should be proportionate to the size of, and risks arising from the work.

Very broadly, clients’ duties include:

* Ensuring other dutyholders are appointed, that is, designers (including a principal designer on projects involving more than one contractor) and contractors (including a principal contractor on projects involving more than one contractor)
* Ensuring the roles, functions and responsibilities of the project team are clear.
* Ensuring that the people and organisations they appoint have the necessary skills, knowledge, experience and (if an organisation) the organisational capability to manage health and safety risks.
* Ensuring sufficient time and resources are allocated.
* Ensuring effective mechanisms are in place for members of the project team to communicate and cooperate with each other and coordinate their activities.
* Ensuring relevant information is prepared and provided to other dutyholders.
* Ensuring the principal designer and principal contractor carry out their duties. This could be done by arranging project progress meetings or via written updates.
* Ensuring welfare facilities are provided.
* Maintaining and reviewing arrangements to ensure they remain relevant.

== CDM 2015 Contractor duties ==

The duties of contractors have changed slightly from the 2007 regulations. Contractors are defined in the guidance to the 2015 CDM Regulations as ‘…those who do the actual construction work and can be either an individual or a company’ that is, ‘…anyone who directly employs or engages construction workers or manages construction is a contractor. An individual, a sole trader, a self-employed worker, or a business that carries out, manages or

controls construction work as part of their business can be a contractor. This also includes companies that use their own workforce to do construction work on their own premises. The duties on contractors apply whether the workers under their control are employees, self-employed or agency workers.’

On projects where there is more than one contractor, the client must appoint a principal contractor to plan, manage, monitor and coordinate the construction phase of the project.

The duties of a contractor under the regulations include:

* Planning, managing and monitoring construction work under their control so that it is carried out without risks to health and safety, taking into account the risks to all those who may be affected, such as members of the public and those carrying out the construction work.
* Cooperating with other dutyholders.
* For projects involving more than one contractor, complying with directions given to them by the principal designer or principal contractor.
* Complying with the construction phase plan.
* Ensuring subcontractors and designers they appoint have the skills, knowledge and experience and, where relevant, organisational capability to carry out the work for which they are being appointed.
* Making enquiries to ensure the individuals they appoint have the necessary skills, knowledge, training and experience to carry out works in a way that secures health and safety for anyone working on the site; or that they are in the process of obtaining them.
* Establishing whether training is necessary for any worker.
* Ensuring that appropriate supervision is provided.
* Providing employees and workers under their control with the information and instructions they need to carry out their work without risk to health and safety. This must include a site induction, information about emergency procedures and information about relevant hazards.
* Not beginning work on site unless reasonable steps have been taken to prevent unauthorized access to the site.
* Providing welfare facilities. On projects involving more than one contractor, this will involve consultation with the principal contractor who has a similar duty.
* Not carrying out any construction work unless they are satisfied that the client is aware of their duties under the regulations.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. This gives them a number of additional duties, including preparing a construction phase plan. See CDM 2015 principal contractor for more information.

A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

Where a client is a domestic client, the principal contractor must carry out the duties of the client under the regulations, however, where there is only one contractor, this means the contractor must carry out those duties (unless there is a written agreement that the principal designer will fulfil them). See Client duties under CDM 2015.

== CDM 2015 Designer duties ==

The duties of designers have changed slightly from the 2007 regulations. Designers are defined in the 2015 CDM Regulations as ‘…an organisation or individual, who prepares or modifes a design for a construction project (including the design of temporary works); or arranges for, or instruct someone else to do so.’

Designs include drawings, design details, specifications, bills of quantity and calculations.

Designers include architects, engineers, quantity surveyors, interior designers, surveyors, technicians or anyone who specifies or alters a design. This can include contractors, principal contractors, specialist contractors, and commercial clients who become actively involved in design. It also includes those who select products for use in construction, and if a product is purpose built, those who prepare the specification and manufacturers if they develop a detailed design.

Designers must be provided with preconstruction information by the client or by the principal designer where one is required. The principal designer has responsibility for coordination of health and safety during the pre-construction phase. They are appointed by the client in projects involving more than one contractor. Pre-construction information is information in the client’s possession or information which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work.

The designer’s duties apply as soon as designs are prepared which may be used in construction work, including concept design, competitions, bids for grants, modification of existing designs and relevant work carried out as part of feasibility studies.

The duties of designers include:

* Ensuring they have the necessary skills, knowledge and experience.
* Not commencing work unless they are satisfied that the client is aware of their duties under the regulations.
* Cooperating with others involved with the project or any project on an adjoining site.
* Reporting instances where they or others are working in a way that puts them or anyone else in danger.
* Providing information to other members of the project team to help them fulfil their duties.
* Taking account of the general principles of prevention and the preconstruction information, with the aim of eliminating foreseeable risks. Where this is not possible, taking steps to reduce the risks or control them through the design process, and providing information about the remaining risks to other duty-holders.
* Where it is not possible to eliminate health and safety risks when preparing or modifying designs, designers must ensure appropriate information is included in the health and safety file about the reasonably practicable steps they have taken to reduce or control those risks.
* Agreeing with the principal designer the arrangements for the sharing of information to avoid omissions or duplicated effort.
* Ensuring that any information they provide is easy to understand and provided in good time.

== ==

== CDM 2015 Principle Designer duties ==

One of the key changes introduced by CDM 2015 is replacement of the role of CDM co-ordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for co-ordination of health and safety during the pre-construction phase. The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. Under the 2007 regulations, this role was often contracted out, resulting in extra costs, but the individual appointed was rarely properly embedded in the project team and so had little opportunity to influence the design.

Guidance published by the Health and Safety Executive in January 2015, defines principal designers as ‘…designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.’ This may be combined with other roles on the project, such as project manager or architect.

The guidance suggests that the role of principal designer includes:

* Informing the client of their duties under the regulations.
* Planning, managing and monitoring health and safety in the pre-construction phase, including; identifying, eliminating or controlling foreseeable risks; and ensuring designers carry out their duties.
* Helping compile pre-construction information and providing it to designers and contractors.
* Preparing the health and safety file and then reviewing, updating and revising it as the project progresses.
* Liaising with the principal contractor to help in the planning, managing, monitoring and co-ordination of the construction phase.
* Taking into account the general principles of prevention.
* Ensuring that all persons working in relation to the pre-construction phase cooperate with the client, the principal designer and each other.
* Checking that designers have sufficient skills, knowledge, experience and (if they are an organisation) the organisational capability to carry out the work.

In addition, domestic clients can choose to have a written agreement with the principal designer to transfer their duties to the principal designer.

The principal designer should be appointed as early as possible in the design process (if practicable at the concept stage) and at least before the start of the construction phase, so they have enough time to carry out their duties to plan and manage the pre-construction and construction phases. If a client fails to appoint a principal designer, the client must carry out their duties.

If domestic clients on projects involving more than one contractor fail to appoint a principal contractor and principal designer, those duties will fall to the designer and contractor in control of the pre-construction and construction phases. See CDM for self-builders and domestic clients for more information.

== CDM 2015 Principle Contractor duties ==

The role of principal contractor is not a new one, but their responsibilities have changed slightly from the 2007 regulations.

Principal contractors are defined in the 2015 CDM Regulations as ‘…contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor …They … must possess the skills, knowledge, and experience, and (if an organisation) the organisational capability necessary to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.‘

For projects involving more than one contractor, the client must appoint a principal contractor as soon as practicable, and before the start of the construction phase, so they have enough time to plan and manage the construction phase.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

The role of principal contractor involves:

* Planning, managing, monitoring and coordinating the construction phase of a project.
* Consulting and engaging with workers.
* Liaising with the client and principal designer.
* Ensuring anyone they appoint has the necessary skills, knowledge, and experience and, where they are an organisation, the organisational capability to carry out the work in a way that secures health and safety.
* Coordinating the work of contractors.
* Ensuring that the contractors under their control cooperate with each other.
* Ensuring suitable site inductions are provided.
* Ensuring reasonable steps are taken to prevent unauthorised access.
* Ensuring that suitable welfare facilities are provided and maintained throughout the construction phase.
* Before the construction site is set up, preparing, reviewing and revising the construction phase plan for the project setting out health and safety arrangements and site rules.
* Ensuring that the construction phase plan is appropriately reviewed, updated and revised during the construction phase.
* Providing the principal designer with any information in the principal contractor’s possession relevant to the health and safety file.
* If the principal designer’s appointment finishes before the end of the project, the health and safety file must be passed to the principal contractor for the remainder of the project. The principal contractor must then take on the responsibility for reviewing, updating and revising it and passing it to the client when the project finishes.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* 2007 CDM regulations.
* Construction phase plan.
* CDM 2015 draft guidance.
* CDM 2015 client duties.
* CDM 2015 contractor duties.
* CDM 2015 designer duties.
* CDM 2015 legal considerations.
* CDM 2015 principal contractor duties.
* CDM 2015 principal designer duties.
* CDM 2015 worker duties.
* CDM co-ordinator.
* CDM for self-builders and domestic clients.
* CDM Principles of prevention.
* Deleterious materials.
* Domestic client.
* Hazardous substances.
* Health and safety file.
* Health and safety offences, corporate manslaughter and food safety and hygiene offences definitive guideline.
* Health and safety policy.
* Pollution.
* Pre-construction information.
* Safety briefing.
* Toolbox talk.

=== External references ===

* [http://www.hse.gov.uk/pubns/priced/draft-l153.pdf Draft Guidance on The Construction (Design and Management) Regulations 2015].
* HSE, [http://www.hse.gov.uk/consult/condocs/cd261.htm consultation for the proposed revision].
* Construction Manager: [http://www.construction-manager.co.uk/agenda/muddied-waters-cdm-2015-divides-industry/ Muddied waters, CDM 2015 divides the industry]. 1 May 2014.

[[Category:Health_and_safety_/_CDM]] [[Category:Regulations]] [[Category:Design]]

CDM 2015

2016-05-01T23:24:53Z

J.stark.pringle:

The Construction (Design and Management) Regulations (CDM Regulations) ([http://www.legislation.gov.uk/uksi/2015/51/contents/made http://www.legislation.gov.uk/uksi/2015/51/contents/made]) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 following publication of European Directive 92/57/EEC on minimum safety and health standards for temporary or mobile construction sites. The CDM Regulations were revised in 2007, and a further revision came into force on 6 April 2015.

The latest revision resulted from:

* A perceived over-interpretation of the regulations.
* A belief that the coordination function in the preconstruction phase was often a bureaucratic add on that was not always embedded in the project, resulting in additional costs with little additional value.
* The persistence of unacceptable standards, particularly on smaller sites.

The regulations therefore made the following changes:

* Structural simplification of the regulations to make them easier to understand.
* The replacement of the Approved Code of Practice (ACOP) with more targeted guidance.
* Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
* Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
* Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
* Changing the threshold for appointment of coordinators (principal contractors and principal designers), to require coordinators where there is more than one contractor. HSE suggest that this will capture close to an additional 1 million projects a year, but that the requirements will be proportionate and little more work will be necessary. Some concern has been expressed about what constitutes more than one contractor, and how it is possible to know how many contractors may be needed.
* This separates the threshold for coordination from that of notifying the HSE, which must be done where the construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point, or exceed 500 person days.

In terms of the organisation of projects, the most significant of these changes is the replacement of the role of CDM coordinator with a new role of ‘principal designer’ (PD). The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. The role of principal designer is analogous to that of the principal contractor during the construction phase and includes:

* Planning, managing and monitoring the preconstruction phase.
* Ensuring risks are eliminated or controlled through design work.
* Passing information on to the principal contractor.
* Ensuring cooperation and coordination.
* Ensuring designers comply with their duties.
* Assisting the client in preparing preconstruction information.
* Preparing the health and safety file.

= =

CDM Issues on Site

Health and safety risk on site could be the existing building, that it may contain asbestos. This will require a suitably skilled contractor to remove the asbestos in a safe way ensuring no harm is done to the public. The building will require a survey to establish if its structurally sound or any risks to prior construction.

Making the client aware of their duties under the CDM 2015 regulations.

To ensure that all information from the asbestos and building surveys is kept within the health and safety plan.

Identify any design issues and consider any implications of any financial risk associated with the project. These risks will be clearly communicated to the contractor within the tender documentation.

During construction, you must ensure that the contractor is following the health and safety plan and to make sure the principle designer is happy with the contractor health and safety plan.

Who’s in charge of the site, should the site be open without the site foreman, site rules, temporary site foreman. The contractor owns the site therefore it’s their decisions. Maybe make contact and have it in writing.

Health and safety in the work place. The health and safety officer randomly checks the place out.

Contractor and designer duties they have the obligation to inform about the problems

= =

== CDM 2015 client duties ==

Clients are ‘…organisations or individuals for whom a construction project is carried out’. Domestic clients are ‘…people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.’

Domestic clients’ duties are normally transferred to the contractor on a single contractor project or to the principal contractor on a project involving more than one contractor. Alternatively, domestic clients can choose to have a written agreement with the principal designer to carry out the client duties.

Commercial clients, are not necessarily experts in construction and so they are not required to take an active role in managing work. However, they are required to make suitable arrangements for managing the project so that health, safety and welfare is secured. It is suggested that clients could prepare a clear client’s brief as a way of setting out these arrangements. Arrangements should focus on the needs of the particular project and should be proportionate to the size of, and risks arising from the work.

Very broadly, clients’ duties include:

* Ensuring other dutyholders are appointed, that is, designers (including a principal designer on projects involving more than one contractor) and contractors (including a principal contractor on projects involving more than one contractor)
* Ensuring the roles, functions and responsibilities of the project team are clear.
* Ensuring that the people and organisations they appoint have the necessary skills, knowledge, experience and (if an organisation) the organisational capability to manage health and safety risks.
* Ensuring sufficient time and resources are allocated.
* Ensuring effective mechanisms are in place for members of the project team to communicate and cooperate with each other and coordinate their activities.
* Ensuring relevant information is prepared and provided to other dutyholders.
* Ensuring the principal designer and principal contractor carry out their duties. This could be done by arranging project progress meetings or via written updates.
* Ensuring welfare facilities are provided.
* Maintaining and reviewing arrangements to ensure they remain relevant.

== CDM 2015 Contractor duties ==

The duties of contractors have changed slightly from the 2007 regulations. Contractors are defined in the guidance to the 2015 CDM Regulations as ‘…those who do the actual construction work and can be either an individual or a company’ that is, ‘…anyone who directly employs or engages construction workers or manages construction is a contractor. An individual, a sole trader, a self-employed worker, or a business that carries out, manages or

controls construction work as part of their business can be a contractor. This also includes companies that use their own workforce to do construction work on their own premises. The duties on contractors apply whether the workers under their control are employees, self-employed or agency workers.’

On projects where there is more than one contractor, the client must appoint a principal contractor to plan, manage, monitor and coordinate the construction phase of the project.

The duties of a contractor under the regulations include:

* Planning, managing and monitoring construction work under their control so that it is carried out without risks to health and safety, taking into account the risks to all those who may be affected, such as members of the public and those carrying out the construction work.
* Cooperating with other dutyholders.
* For projects involving more than one contractor, complying with directions given to them by the principal designer or principal contractor.
* Complying with the construction phase plan.
* Ensuring subcontractors and designers they appoint have the skills, knowledge and experience and, where relevant, organisational capability to carry out the work for which they are being appointed.
* Making enquiries to ensure the individuals they appoint have the necessary skills, knowledge, training and experience to carry out works in a way that secures health and safety for anyone working on the site; or that they are in the process of obtaining them.
* Establishing whether training is necessary for any worker.
* Ensuring that appropriate supervision is provided.
* Providing employees and workers under their control with the information and instructions they need to carry out their work without risk to health and safety. This must include a site induction, information about emergency procedures and information about relevant hazards.
* Not beginning work on site unless reasonable steps have been taken to prevent unauthorized access to the site.
* Providing welfare facilities. On projects involving more than one contractor, this will involve consultation with the principal contractor who has a similar duty.
* Not carrying out any construction work unless they are satisfied that the client is aware of their duties under the regulations.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. This gives them a number of additional duties, including preparing a construction phase plan. See CDM 2015 principal contractor for more information.

A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

Where a client is a domestic client, the principal contractor must carry out the duties of the client under the regulations, however, where there is only one contractor, this means the contractor must carry out those duties (unless there is a written agreement that the principal designer will fulfil them). See Client duties under CDM 2015.

== CDM 2015 Designer duties ==

The duties of designers have changed slightly from the 2007 regulations. Designers are defined in the 2015 CDM Regulations as ‘…an organisation or individual, who prepares or modifes a design for a construction project (including the design of temporary works); or arranges for, or instruct someone else to do so.’

Designs include drawings, design details, specifications, bills of quantity and calculations.

Designers include architects, engineers, quantity surveyors, interior designers, surveyors, technicians or anyone who specifies or alters a design. This can include contractors, principal contractors, specialist contractors, and commercial clients who become actively involved in design. It also includes those who select products for use in construction, and if a product is purpose built, those who prepare the specification and manufacturers if they develop a detailed design.

Designers must be provided with preconstruction information by the client or by the principal designer where one is required. The principal designer has responsibility for coordination of health and safety during the pre-construction phase. They are appointed by the client in projects involving more than one contractor. Pre-construction information is information in the client’s possession or information which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work.

The designer’s duties apply as soon as designs are prepared which may be used in construction work, including concept design, competitions, bids for grants, modification of existing designs and relevant work carried out as part of feasibility studies.

The duties of designers include:

* Ensuring they have the necessary skills, knowledge and experience.
* Not commencing work unless they are satisfied that the client is aware of their duties under the regulations.
* Cooperating with others involved with the project or any project on an adjoining site.
* Reporting instances where they or others are working in a way that puts them or anyone else in danger.
* Providing information to other members of the project team to help them fulfil their duties.
* Taking account of the general principles of prevention and the preconstruction information, with the aim of eliminating foreseeable risks. Where this is not possible, taking steps to reduce the risks or control them through the design process, and providing information about the remaining risks to other duty-holders.
* Where it is not possible to eliminate health and safety risks when preparing or modifying designs, designers must ensure appropriate information is included in the health and safety file about the reasonably practicable steps they have taken to reduce or control those risks.
* Agreeing with the principal designer the arrangements for the sharing of information to avoid omissions or duplicated effort.
* Ensuring that any information they provide is easy to understand and provided in good time.

== ==

== CDM 2015 Principle Designer duties ==

One of the key changes introduced by CDM 2015 is replacement of the role of CDM co-ordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for co-ordination of health and safety during the pre-construction phase. The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. Under the 2007 regulations, this role was often contracted out, resulting in extra costs, but the individual appointed was rarely properly embedded in the project team and so had little opportunity to influence the design.

Guidance published by the Health and Safety Executive in January 2015, defines principal designers as ‘…designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.’ This may be combined with other roles on the project, such as project manager or architect.

The guidance suggests that the role of principal designer includes:

* Informing the client of their duties under the regulations.
* Planning, managing and monitoring health and safety in the pre-construction phase, including; identifying, eliminating or controlling foreseeable risks; and ensuring designers carry out their duties.
* Helping compile pre-construction information and providing it to designers and contractors.
* Preparing the health and safety file and then reviewing, updating and revising it as the project progresses.
* Liaising with the principal contractor to help in the planning, managing, monitoring and co-ordination of the construction phase.
* Taking into account the general principles of prevention.
* Ensuring that all persons working in relation to the pre-construction phase cooperate with the client, the principal designer and each other.
* Checking that designers have sufficient skills, knowledge, experience and (if they are an organisation) the organisational capability to carry out the work.

In addition, domestic clients can choose to have a written agreement with the principal designer to transfer their duties to the principal designer.

The principal designer should be appointed as early as possible in the design process (if practicable at the concept stage) and at least before the start of the construction phase, so they have enough time to carry out their duties to plan and manage the pre-construction and construction phases. If a client fails to appoint a principal designer, the client must carry out their duties.

If domestic clients on projects involving more than one contractor fail to appoint a principal contractor and principal designer, those duties will fall to the designer and contractor in control of the pre-construction and construction phases. See CDM for self-builders and domestic clients for more information.

== CDM 2015 Principle Contractor duties ==

The role of principal contractor is not a new one, but their responsibilities have changed slightly from the 2007 regulations.

Principal contractors are defined in the 2015 CDM Regulations as ‘…contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor …They … must possess the skills, knowledge, and experience, and (if an organisation) the organisational capability necessary to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.‘

For projects involving more than one contractor, the client must appoint a principal contractor as soon as practicable, and before the start of the construction phase, so they have enough time to plan and manage the construction phase.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

The role of principal contractor involves:

* Planning, managing, monitoring and coordinating the construction phase of a project.
* Consulting and engaging with workers.
* Liaising with the client and principal designer.
* Ensuring anyone they appoint has the necessary skills, knowledge, and experience and, where they are an organisation, the organisational capability to carry out the work in a way that secures health and safety.
* Coordinating the work of contractors.
* Ensuring that the contractors under their control cooperate with each other.
* Ensuring suitable site inductions are provided.
* Ensuring reasonable steps are taken to prevent unauthorised access.
* Ensuring that suitable welfare facilities are provided and maintained throughout the construction phase.
* Before the construction site is set up, preparing, reviewing and revising the construction phase plan for the project setting out health and safety arrangements and site rules.
* Ensuring that the construction phase plan is appropriately reviewed, updated and revised during the construction phase.
* Providing the principal designer with any information in the principal contractor’s possession relevant to the health and safety file.
* If the principal designer’s appointment finishes before the end of the project, the health and safety file must be passed to the principal contractor for the remainder of the project. The principal contractor must then take on the responsibility for reviewing, updating and revising it and passing it to the client when the project finishes.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* 2007 CDM regulations.
* Construction phase plan.
* CDM 2015 draft guidance.
* CDM 2015 client duties.
* CDM 2015 contractor duties.
* CDM 2015 designer duties.
* CDM 2015 legal considerations.
* CDM 2015 principal contractor duties.
* CDM 2015 principal designer duties.
* CDM 2015 worker duties.
* CDM co-ordinator.
* CDM for self-builders and domestic clients.
* CDM Principles of prevention.
* Deleterious materials.
* Domestic client.
* Hazardous substances.
* Health and safety file.
* Health and safety offences, corporate manslaughter and food safety and hygiene offences definitive guideline.
* Health and safety policy.
* Pollution.
* Pre-construction information.
* Safety briefing.
* Toolbox talk.

=== External references ===

* [http://www.hse.gov.uk/pubns/priced/draft-l153.pdf Draft Guidance on The Construction (Design and Management) Regulations 2015].
* HSE, [http://www.hse.gov.uk/consult/condocs/cd261.htm consultation for the proposed revision].
* Construction Manager: [http://www.construction-manager.co.uk/agenda/muddied-waters-cdm-2015-divides-industry/ Muddied waters, CDM 2015 divides the industry]. 1 May 2014.

[[Category:Health_and_safety_/_CDM]] [[Category:Regulations]] [[Category:Design]]

CDM 2015

2016-05-01T23:08:52Z

J.stark.pringle:

The Construction (Design and Management) Regulations (CDM Regulations) ([http://www.legislation.gov.uk/uksi/2015/51/contents/made http://www.legislation.gov.uk/uksi/2015/51/contents/made]) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 following publication of European Directive 92/57/EEC on minimum safety and health standards for temporary or mobile construction sites. The CDM Regulations were revised in 2007, and a further revision came into force on 6 April 2015.

The latest revision resulted from:

* A perceived over-interpretation of the regulations.
* A belief that the coordination function in the preconstruction phase was often a bureaucratic add on that was not always embedded in the project, resulting in additional costs with little additional value.
* The persistence of unacceptable standards, particularly on smaller sites.

The regulations therefore made the following changes:

* Structural simplification of the regulations to make them easier to understand.
* The replacement of the Approved Code of Practice (ACOP) with more targeted guidance.
* Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
* Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
* Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
* Changing the threshold for appointment of coordinators (principal contractors and principal designers), to require coordinators where there is more than one contractor. HSE suggest that this will capture close to an additional 1 million projects a year, but that the requirements will be proportionate and little more work will be necessary. Some concern has been expressed about what constitutes more than one contractor, and how it is possible to know how many contractors may be needed.
* This separates the threshold for coordination from that of notifying the HSE, which must be done where the construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point, or exceed 500 person days.

In terms of the organisation of projects, the most significant of these changes is the replacement of the role of CDM coordinator with a new role of ‘principal designer’ (PD). The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. The role of principal designer is analogous to that of the principal contractor during the construction phase and includes:

* Planning, managing and monitoring the preconstruction phase.
* Ensuring risks are eliminated or controlled through design work.
* Passing information on to the principal contractor.
* Ensuring cooperation and coordination.
* Ensuring designers comply with their duties.
* Assisting the client in preparing preconstruction information.
* Preparing the health and safety file.

= =

== CDM 2015 client duties ==

Clients are ‘…organisations or individuals for whom a construction project is carried out’. Domestic clients are ‘…people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.’

Domestic clients’ duties are normally transferred to the contractor on a single contractor project or to the principal contractor on a project involving more than one contractor. Alternatively, domestic clients can choose to have a written agreement with the principal designer to carry out the client duties.

Commercial clients, are not necessarily experts in construction and so they are not required to take an active role in managing work. However, they are required to make suitable arrangements for managing the project so that health, safety and welfare is secured. It is suggested that clients could prepare a clear client’s brief as a way of setting out these arrangements. Arrangements should focus on the needs of the particular project and should be proportionate to the size of, and risks arising from the work.

Very broadly, clients’ duties include:

* Ensuring other dutyholders are appointed, that is, designers (including a principal designer on projects involving more than one contractor) and contractors (including a principal contractor on projects involving more than one contractor)
* Ensuring the roles, functions and responsibilities of the project team are clear.
* Ensuring that the people and organisations they appoint have the necessary skills, knowledge, experience and (if an organisation) the organisational capability to manage health and safety risks.
* Ensuring sufficient time and resources are allocated.
* Ensuring effective mechanisms are in place for members of the project team to communicate and cooperate with each other and coordinate their activities.
* Ensuring relevant information is prepared and provided to other dutyholders.
* Ensuring the principal designer and principal contractor carry out their duties. This could be done by arranging project progress meetings or via written updates.
* Ensuring welfare facilities are provided.
* Maintaining and reviewing arrangements to ensure they remain relevant.

== CDM 2015 Contractor duties ==

The duties of contractors have changed slightly from the 2007 regulations. Contractors are defined in the guidance to the 2015 CDM Regulations as ‘…those who do the actual construction work and can be either an individual or a company’ that is, ‘…anyone who directly employs or engages construction workers or manages construction is a contractor. An individual, a sole trader, a self-employed worker, or a business that carries out, manages or

controls construction work as part of their business can be a contractor. This also includes companies that use their own workforce to do construction work on their own premises. The duties on contractors apply whether the workers under their control are employees, self-employed or agency workers.’

On projects where there is more than one contractor, the client must appoint a principal contractor to plan, manage, monitor and coordinate the construction phase of the project.

The duties of a contractor under the regulations include:

* Planning, managing and monitoring construction work under their control so that it is carried out without risks to health and safety, taking into account the risks to all those who may be affected, such as members of the public and those carrying out the construction work.
* Cooperating with other dutyholders.
* For projects involving more than one contractor, complying with directions given to them by the principal designer or principal contractor.
* Complying with the construction phase plan.
* Ensuring subcontractors and designers they appoint have the skills, knowledge and experience and, where relevant, organisational capability to carry out the work for which they are being appointed.
* Making enquiries to ensure the individuals they appoint have the necessary skills, knowledge, training and experience to carry out works in a way that secures health and safety for anyone working on the site; or that they are in the process of obtaining them.
* Establishing whether training is necessary for any worker.
* Ensuring that appropriate supervision is provided.
* Providing employees and workers under their control with the information and instructions they need to carry out their work without risk to health and safety. This must include a site induction, information about emergency procedures and information about relevant hazards.
* Not beginning work on site unless reasonable steps have been taken to prevent unauthorized access to the site.
* Providing welfare facilities. On projects involving more than one contractor, this will involve consultation with the principal contractor who has a similar duty.
* Not carrying out any construction work unless they are satisfied that the client is aware of their duties under the regulations.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. This gives them a number of additional duties, including preparing a construction phase plan. See CDM 2015 principal contractor for more information.

A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

Where a client is a domestic client, the principal contractor must carry out the duties of the client under the regulations, however, where there is only one contractor, this means the contractor must carry out those duties (unless there is a written agreement that the principal designer will fulfil them). See Client duties under CDM 2015.

== CDM 2015 Designer duties ==

The duties of designers have changed slightly from the 2007 regulations. Designers are defined in the 2015 CDM Regulations as ‘…an organisation or individual, who prepares or modifes a design for a construction project (including the design of temporary works); or arranges for, or instruct someone else to do so.’

Designs include drawings, design details, specifications, bills of quantity and calculations.

Designers include architects, engineers, quantity surveyors, interior designers, surveyors, technicians or anyone who specifies or alters a design. This can include contractors, principal contractors, specialist contractors, and commercial clients who become actively involved in design. It also includes those who select products for use in construction, and if a product is purpose built, those who prepare the specification and manufacturers if they develop a detailed design.

Designers must be provided with preconstruction information by the client or by the principal designer where one is required. The principal designer has responsibility for coordination of health and safety during the pre-construction phase. They are appointed by the client in projects involving more than one contractor. Pre-construction information is information in the client’s possession or information which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work.

The designer’s duties apply as soon as designs are prepared which may be used in construction work, including concept design, competitions, bids for grants, modification of existing designs and relevant work carried out as part of feasibility studies.

The duties of designers include:

* Ensuring they have the necessary skills, knowledge and experience.
* Not commencing work unless they are satisfied that the client is aware of their duties under the regulations.
* Cooperating with others involved with the project or any project on an adjoining site.
* Reporting instances where they or others are working in a way that puts them or anyone else in danger.
* Providing information to other members of the project team to help them fulfil their duties.
* Taking account of the general principles of prevention and the preconstruction information, with the aim of eliminating foreseeable risks. Where this is not possible, taking steps to reduce the risks or control them through the design process, and providing information about the remaining risks to other duty-holders.
* Where it is not possible to eliminate health and safety risks when preparing or modifying designs, designers must ensure appropriate information is included in the health and safety file about the reasonably practicable steps they have taken to reduce or control those risks.
* Agreeing with the principal designer the arrangements for the sharing of information to avoid omissions or duplicated effort.
* Ensuring that any information they provide is easy to understand and provided in good time.

== ==

== CDM 2015 Principle Designer duties ==

One of the key changes introduced by CDM 2015 is replacement of the role of CDM co-ordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for co-ordination of health and safety during the pre-construction phase. The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. Under the 2007 regulations, this role was often contracted out, resulting in extra costs, but the individual appointed was rarely properly embedded in the project team and so had little opportunity to influence the design.

Guidance published by the Health and Safety Executive in January 2015, defines principal designers as ‘…designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.’ This may be combined with other roles on the project, such as project manager or architect.

The guidance suggests that the role of principal designer includes:

* Informing the client of their duties under the regulations.
* Planning, managing and monitoring health and safety in the pre-construction phase, including; identifying, eliminating or controlling foreseeable risks; and ensuring designers carry out their duties.
* Helping compile pre-construction information and providing it to designers and contractors.
* Preparing the health and safety file and then reviewing, updating and revising it as the project progresses.
* Liaising with the principal contractor to help in the planning, managing, monitoring and co-ordination of the construction phase.
* Taking into account the general principles of prevention.
* Ensuring that all persons working in relation to the pre-construction phase cooperate with the client, the principal designer and each other.
* Checking that designers have sufficient skills, knowledge, experience and (if they are an organisation) the organisational capability to carry out the work.

In addition, domestic clients can choose to have a written agreement with the principal designer to transfer their duties to the principal designer.

The principal designer should be appointed as early as possible in the design process (if practicable at the concept stage) and at least before the start of the construction phase, so they have enough time to carry out their duties to plan and manage the pre-construction and construction phases. If a client fails to appoint a principal designer, the client must carry out their duties.

If domestic clients on projects involving more than one contractor fail to appoint a principal contractor and principal designer, those duties will fall to the designer and contractor in control of the pre-construction and construction phases. See CDM for self-builders and domestic clients for more information.

== CDM 2015 Principle Contractor duties ==

The role of principal contractor is not a new one, but their responsibilities have changed slightly from the 2007 regulations.

Principal contractors are defined in the 2015 CDM Regulations as ‘…contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor …They … must possess the skills, knowledge, and experience, and (if an organisation) the organisational capability necessary to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.‘

For projects involving more than one contractor, the client must appoint a principal contractor as soon as practicable, and before the start of the construction phase, so they have enough time to plan and manage the construction phase.

If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

The role of principal contractor involves:

* Planning, managing, monitoring and coordinating the construction phase of a project.
* Consulting and engaging with workers.
* Liaising with the client and principal designer.
* Ensuring anyone they appoint has the necessary skills, knowledge, and experience and, where they are an organisation, the organisational capability to carry out the work in a way that secures health and safety.
* Coordinating the work of contractors.
* Ensuring that the contractors under their control cooperate with each other.
* Ensuring suitable site inductions are provided.
* Ensuring reasonable steps are taken to prevent unauthorised access.
* Ensuring that suitable welfare facilities are provided and maintained throughout the construction phase.
* Before the construction site is set up, preparing, reviewing and revising the construction phase plan for the project setting out health and safety arrangements and site rules.
* Ensuring that the construction phase plan is appropriately reviewed, updated and revised during the construction phase.
* Providing the principal designer with any information in the principal contractor’s possession relevant to the health and safety file.
* If the principal designer’s appointment finishes before the end of the project, the health and safety file must be passed to the principal contractor for the remainder of the project. The principal contractor must then take on the responsibility for reviewing, updating and revising it and passing it to the client when the project finishes.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* 2007 CDM regulations.
* Construction phase plan.
* CDM 2015 draft guidance.
* CDM 2015 client duties.
* CDM 2015 contractor duties.
* CDM 2015 designer duties.
* CDM 2015 legal considerations.
* CDM 2015 principal contractor duties.
* CDM 2015 principal designer duties.
* CDM 2015 worker duties.
* CDM co-ordinator.
* CDM for self-builders and domestic clients.
* CDM Principles of prevention.
* Deleterious materials.
* Domestic client.
* Hazardous substances.
* Health and safety file.
* Health and safety offences, corporate manslaughter and food safety and hygiene offences definitive guideline.
* Health and safety policy.
* Pollution.
* Pre-construction information.
* Safety briefing.
* Toolbox talk.

=== External references ===

* [http://www.hse.gov.uk/pubns/priced/draft-l153.pdf Draft Guidance on The Construction (Design and Management) Regulations 2015].
* HSE, [http://www.hse.gov.uk/consult/condocs/cd261.htm consultation for the proposed revision].
* Construction Manager: [http://www.construction-manager.co.uk/agenda/muddied-waters-cdm-2015-divides-industry/ Muddied waters, CDM 2015 divides the industry]. 1 May 2014.

[[Category:Health_and_safety_/_CDM]] [[Category:Regulations]] [[Category:Design]]

Stakeholders Concerns

2016-05-01T23:00:41Z

J.stark.pringle:

Stakeholders Concerns

2016-05-01T23:00:00Z

J.stark.pringle: Created page with "Stakeholders Concerns By ignoring local residents, there are significant risk to the client that they will likely to lobby to the local planning authority and cause grounds for ..."

Construction litigation

2016-01-11T12:51:39Z

J.stark.pringle:

= Introduction =

Litigation is the process of engaging in or contesting legal action in court as a means of resolving a dispute. The court is able to enforce or determine one party’s rights or obligations.

Litigation is not uncommon in the construction industry because of its adversarial nature and the tendency for disputes to arise. A combination of environmental and behavioural factors can lead to construction disputes. Projects are usually long-term transactions with high uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. The basic factors that drive the development of construction disputes are uncertainty, contractual problems, and behaviour.

In 2013, an NBS survey, the [http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf National Construction Contracts and Law Survey], found that 30% of firms had been involved in at least one dispute in the previous 12 months.

See Construction disputes for more information.

Advantages:

* Generally regarded as the highest quality decision making
* Judges can compel the parties to comply with time frames and have powers of sanctions for non-compliance
* Judges have the power to make orders to provide interim relief to protect a party's position pending the final judgement
* There are defined rights of appeal in cases where errors of fact or law are made

Disadvantages:

* Potentially greater costs if the dispute is not well managed or the other party seeks to delay the proceedings. It can last between 12 - 18 months.
* Potentially longer time period to obtain a judgment
* Proceedings are generally conducted in public
* Judgment will be subject to appeal

= Alternative dispute resolution =

Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures involving mediation, adjudication and arbitration, or a combination of all three. The construction industry is also subject to statutory schemes which impose adjudication procedures in the absence of contractual agreement (such as the Housing Grants, Construction and Regeneration Act 1996 and the Local Democracy, Economic Development and Construction Act 2009). Many contracts for large and complex projects now have additional tiered dispute resolution procedures with obligations to negotiate in good faith and to establish dispute resolution boards, steering committees and partnering meetings.

If the contract sets out procedures for dispute resolution, then the parties must follow those procedure unless they agree otherwise.

See Alternative dispute resolution for more information.

Whilst often seen as the last resort, if alternative dispute resolution procedures fail, or if the situation involves circumstances that alternative dispute resolution cannot deal with (such as multiple parties on some forms of contract), or where a decision needs to be enforced, litigation may still be necessary.

Even where litigation proceedings are commenced, it is common for the parties to reach a settlement before trial begins. Indeed the parties may be penalised by the court if they have failed to properly enter into discussions before bringing proceedings. However, where positions have become entrenched or the parties positions are too far apart, a case may proceed to court.

Depending on the nature and complexity of the case, litigation is generally considered to be more expensive and slower than other forms of dispute resolution, although this is not always the case, and in some situations litigation can be faster than arbitration. There is also a perception that litigation is more confrontational and more likely to result in an extreme decision, ie you are right or wrong, rather than an equitable settlement. This may or may not be in any of the parties interests. In addition, decisions are public and may reflect badly on the reputations of the parties.

= Process =

An action founded on simple contract cannot be brought after six years from the date on which the cause of the action accrued. The limitation period for a contract under seal is 12 years. See Contracts under seal v under hand for more information.

Proceedings are started by the claimant sending a claim form to the appropriate court setting out the case against the defendant and the remedy that is being sought. This claim is served on the defendant, and they may then admit liability, or part liability, and offer proposals for settlement, or may deny liability and serve a defence.

The court will then allocate the case to a ‘track’ (small claims track, fast track or multi track) depending on its size and complexity and will lay down a series of directions for the parties to comply with (such as the disclosure of evidence to the other party).

A trial will then be held so that the judge can listen to evidence presented by both parties, and they will then decide whether the claimant has proved their case. A variety of remedies are available to the court, but most commonly the remedy will be payment by the defendant of damages to compensate the claimant for their losses. They may also order the defendant to carry out some action, or issue an injunction to prevent the defendant from carrying out some action. In fast track and multi track cases the losing party is also likely to be required to make a contribution to the winning parties costs.

Judgements are enforceable, but can be appealed if the court gives permission.

= Technology and Construction Court =

The Technology and Construction Court (TCC) is a specialist court, which deals principally with technology and construction disputes. Proceedings in the TCC are governed by the Civil Procedure Rules (CPR) and supplementary Practice Directions. The Civil Procedure Rules were introduced in 1999 to speed up court proceedings and reduce costs.

The TCC Practice Direction gives the following examples of claims which it may be appropriate to bring as TCC claims (this list is not exhaustive):

* Building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996.
* Engineering disputes.
* Claims by and against engineers, architects, surveyors, accountants and other specialised advisors relating to the services they provide.
* Claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings.
* Claims relating to the design, supply and installation of computers, computer software and related network systems.
* Claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered.
* Claims between landlord and tenant for breach of a repairing covenant.
* Claims between neighbours, owners and occupiers of land in trespass, nuisance, etc.
* Claims relating to the environment (for example, pollution cases).
* Claims arising out of fires.
* Claims involving taking of accounts where these are complicated.
* Challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.

In many cases, there is a compulsory Pre-Action Protocol the purpose of which is to encourage the frank and early exchange of information about the prospective claim and any defence to it; to enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings; and to support the efficient management of proceedings where litigation cannot be avoided.

See Technology and Construction Court for more information.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Alternative dispute resolution.
* Adjudication.
* Arbitration.
* Breach of contract.
* Collateral warranty.
* Contract.
* Contract claims.
* Defects.
* Housing Grants Construction and Regeneration Act.
* Insurance.
* Latent defects.
* Limitation of action.
* Mediation.
* See Najma Dunnett articles for law reports on Designing Buildings Wiki.
* Professional indemnity insurance.
* Technology and Construction Court.
* Contracts under seal v under hand.

=== External references ===

* TCC judgments which may be of interest to practitioners are accessible on the Bailii website at [http://www.bailii.org/ew/cases/EWHC/TCC/ www.bailii.org/ew/cases/EWHC/TCC/]
* [http://www.justice.gov.uk/downloads/courts/tech-court/tech-con-court-guide.pdf The Technology and Construction Court Guide]. October 2010.
* nbs: [http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf National Construction Contracts and Law Survey].

[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]

Construction litigation

2016-01-11T12:51:11Z

J.stark.pringle:

= Introduction =

Litigation is the process of engaging in or contesting legal action in court as a means of resolving a dispute. The court is able to enforce or determine one party’s rights or obligations.

Litigation is not uncommon in the construction industry because of its adversarial nature and the tendency for disputes to arise. A combination of environmental and behavioural factors can lead to construction disputes. Projects are usually long-term transactions with high uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. The basic factors that drive the development of construction disputes are uncertainty, contractual problems, and behaviour.

In 2013, an NBS survey, the [http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf National Construction Contracts and Law Survey], found that 30% of firms had been involved in at least one dispute in the previous 12 months.

See Construction disputes for more information.

Advantages:

* Generally regarden as the highest quality decision making
* Judges can compel the parties to comply with time frames and have powers of sanctions for non-compliance
* Judges have the power to make orders to provide interim relief to protect a party's position pending the final judgement
* There are defined rights of appeal in cases where errors of fact or law are made

Disadvantages:

* Potentially greater costs if the dispute is not well managed or the other party seeks to delay the proceedings. It can last between 12 - 18 months.
* Potentially longer time period to obtain a judgment
* Proceedings are generally conducted in public
* Judgment will be subject to appeal

= Alternative dispute resolution =

Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures involving mediation, adjudication and arbitration, or a combination of all three. The construction industry is also subject to statutory schemes which impose adjudication procedures in the absence of contractual agreement (such as the Housing Grants, Construction and Regeneration Act 1996 and the Local Democracy, Economic Development and Construction Act 2009). Many contracts for large and complex projects now have additional tiered dispute resolution procedures with obligations to negotiate in good faith and to establish dispute resolution boards, steering committees and partnering meetings.

If the contract sets out procedures for dispute resolution, then the parties must follow those procedure unless they agree otherwise.

See Alternative dispute resolution for more information.

Whilst often seen as the last resort, if alternative dispute resolution procedures fail, or if the situation involves circumstances that alternative dispute resolution cannot deal with (such as multiple parties on some forms of contract), or where a decision needs to be enforced, litigation may still be necessary.

Even where litigation proceedings are commenced, it is common for the parties to reach a settlement before trial begins. Indeed the parties may be penalised by the court if they have failed to properly enter into discussions before bringing proceedings. However, where positions have become entrenched or the parties positions are too far apart, a case may proceed to court.

Depending on the nature and complexity of the case, litigation is generally considered to be more expensive and slower than other forms of dispute resolution, although this is not always the case, and in some situations litigation can be faster than arbitration. There is also a perception that litigation is more confrontational and more likely to result in an extreme decision, ie you are right or wrong, rather than an equitable settlement. This may or may not be in any of the parties interests. In addition, decisions are public and may reflect badly on the reputations of the parties.

= Process =

An action founded on simple contract cannot be brought after six years from the date on which the cause of the action accrued. The limitation period for a contract under seal is 12 years. See Contracts under seal v under hand for more information.

Proceedings are started by the claimant sending a claim form to the appropriate court setting out the case against the defendant and the remedy that is being sought. This claim is served on the defendant, and they may then admit liability, or part liability, and offer proposals for settlement, or may deny liability and serve a defence.

The court will then allocate the case to a ‘track’ (small claims track, fast track or multi track) depending on its size and complexity and will lay down a series of directions for the parties to comply with (such as the disclosure of evidence to the other party).

A trial will then be held so that the judge can listen to evidence presented by both parties, and they will then decide whether the claimant has proved their case. A variety of remedies are available to the court, but most commonly the remedy will be payment by the defendant of damages to compensate the claimant for their losses. They may also order the defendant to carry out some action, or issue an injunction to prevent the defendant from carrying out some action. In fast track and multi track cases the losing party is also likely to be required to make a contribution to the winning parties costs.

Judgements are enforceable, but can be appealed if the court gives permission.

= Technology and Construction Court =

The Technology and Construction Court (TCC) is a specialist court, which deals principally with technology and construction disputes. Proceedings in the TCC are governed by the Civil Procedure Rules (CPR) and supplementary Practice Directions. The Civil Procedure Rules were introduced in 1999 to speed up court proceedings and reduce costs.

The TCC Practice Direction gives the following examples of claims which it may be appropriate to bring as TCC claims (this list is not exhaustive):

* Building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996.
* Engineering disputes.
* Claims by and against engineers, architects, surveyors, accountants and other specialised advisors relating to the services they provide.
* Claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings.
* Claims relating to the design, supply and installation of computers, computer software and related network systems.
* Claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered.
* Claims between landlord and tenant for breach of a repairing covenant.
* Claims between neighbours, owners and occupiers of land in trespass, nuisance, etc.
* Claims relating to the environment (for example, pollution cases).
* Claims arising out of fires.
* Claims involving taking of accounts where these are complicated.
* Challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.

In many cases, there is a compulsory Pre-Action Protocol the purpose of which is to encourage the frank and early exchange of information about the prospective claim and any defence to it; to enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings; and to support the efficient management of proceedings where litigation cannot be avoided.

See Technology and Construction Court for more information.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Alternative dispute resolution.
* Adjudication.
* Arbitration.
* Breach of contract.
* Collateral warranty.
* Contract.
* Contract claims.
* Defects.
* Housing Grants Construction and Regeneration Act.
* Insurance.
* Latent defects.
* Limitation of action.
* Mediation.
* See Najma Dunnett articles for law reports on Designing Buildings Wiki.
* Professional indemnity insurance.
* Technology and Construction Court.
* Contracts under seal v under hand.

=== External references ===

* TCC judgments which may be of interest to practitioners are accessible on the Bailii website at [http://www.bailii.org/ew/cases/EWHC/TCC/ www.bailii.org/ew/cases/EWHC/TCC/]
* [http://www.justice.gov.uk/downloads/courts/tech-court/tech-con-court-guide.pdf The Technology and Construction Court Guide]. October 2010.
* nbs: [http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf National Construction Contracts and Law Survey].

[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]

Arbitration in the construction industry

2016-01-11T12:42:36Z

J.stark.pringle:

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes are resolved on the basis of material facts, documents and relevant principles of law.

The arbitration process is administered by an appointed arbitrator subject to any relevant contractual rules and subject to the statutory regulatory framework applied by the domestic courts. There are only limited rights of appeal and legal costs are usually awarded to the successful party.

English law does not insist on any formal requirements for an arbitration agreement (for example it can be verbal), however if the agreement is not in writing it will be outside the supervisory regime of the courts established by the [http://Www.legislation.gov.uk/ukpga/1996/23/contents Arbitration Act].

Arbitration clauses are traditionally found in all standard form contracts used in the UK, often with related adjudication clauses (for example JCT 05, and ICE 7th Edition (now withdrawn in favour of NEC3)). In the last few years there has been a tendency to set the dispute resolution default at litigation rather than arbitration, leaving the parties to specifically agree to arbitration.

Arbitration commences with a notice to concur which provides for agreement on the appointment of an arbitrator, failing which an arbitrator may be appointed by a nominating body (which should be named in the contract). Arbitration is now usually combined with adjudication and mediation in tiered dispute resolution procedures.

Advantages:

* It is private - there is no public record of any proceedings, although not necessarily confidential
* Speed, although this depends very much on the manner in which the arbitrator conducts the arbitration
* The parties can agree on an arbitrator with relevant expertise in the matter. The arbitrators award can be enforced as a judgement of the court

Disadvantages:

* The parties must bear the costs of both the arbitrator and the venue
* Sometimes arbitration simply mimics court processes and so you do not get the advantage of informality and speed
* Limited powers of compulsion or sanction if one party fails to comply with directions of the arbitrator, which can significantly slow down the process
* The arbitrator has no power to make interim measures, such as for the preservation of property
* Limited appeal rights

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Adjudication.
* Alternative dispute resolution.
* Alternative Dispute Resolution legislation.
* Arbitration Act.
* Breach of contract.
* Causes of construction disputes.
* Conciliation.
* Contract claims.
* Dispute resolution boards.
* Housing Grants, Construction and Regeneration Act.
* Mediation.
* Scheme for Construction Contracts.
* The Housing Grants, Construction and Regeneration Act.
* Scheme for Construction Contracts.

=== External references ===

* [http://Www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract ICE contract].
* [http://Www.jctcontracts.com JCT contract].
* [http://Www.fidic.org FIDIC contract].
* JCT/CIMAR: [http://www.jctltd.co.uk/docs/JCT_CIMAR%202011.pdf Construction Industry Model Arbitration Rules].
* PACE: [http://webarchive.nationalarchives.gov.uk/20100503135839/http://www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guide to the Appointment of Consultants and Contractors] P549 and 384

[[Category:Other_legislation]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Arbitration in the construction industry

2016-01-11T12:41:31Z

J.stark.pringle:

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes are resolved on the basis of material facts, documents and relevant principles of law.

The arbitration process is administered by an appointed arbitrator subject to any relevant contractual rules and subject to the statutory regulatory framework applied by the domestic courts. There are only limited rights of appeal and legal costs are usually awarded to the successful party.

English law does not insist on any formal requirements for an arbitration agreement (for example it can be verbal), however if the agreement is not in writing it will be outside the supervisory regime of the courts established by the [http://Www.legislation.gov.uk/ukpga/1996/23/contents Arbitration Act]. In addition, construction projects with complex disputes require properly constituted arbitration procedures in order for them to be effective.

Arbitration clauses are traditionally found in all standard form contracts used in the UK, often with related adjudication clauses (for example JCT 05, and ICE 7th Edition (now withdrawn in favour of NEC3)). In the last few years there has been a tendency to set the dispute resolution default at litigation rather than arbitration, leaving the parties to specifically agree to arbitration.

Arbitration commences with a notice to concur which provides for agreement on the appointment of an arbitrator, failing which an arbitrator may be appointed by a nominating body (which should be named in the contract). Arbitration is now usually combined with adjudication and mediation in tiered dispute resolution procedures.

Advantages:

* It is private - there is no public record of any proceedings, although not necessarily confidential
* Speed, although this depends very much on the manner in which the arbitrator conducts the arbitration
* The parties can agree on an arbitrator with relevant expertise in the matter. The arbitrators award can be enforced as a judgement of the court

Disadvantages:

* The parties must bear the costs of both the arbitrator and the venue
* Sometimes arbitration simply mimics court processes and so you do not get the advantage of informality and speed
* Limited powers of compulsion or sanction if one party fails to comply with directions of the arbitrator, which can significantly slow down the process
* The arbitrator has no power to make interim measures, such as for the preservation of property
* Limited appeal rights

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Adjudication.
* Alternative dispute resolution.
* Alternative Dispute Resolution legislation.
* Arbitration Act.
* Breach of contract.
* Causes of construction disputes.
* Conciliation.
* Contract claims.
* Dispute resolution boards.
* Housing Grants, Construction and Regeneration Act.
* Mediation.
* Scheme for Construction Contracts.
* The Housing Grants, Construction and Regeneration Act.
* Scheme for Construction Contracts.

=== External references ===

* [http://Www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract ICE contract].
* [http://Www.jctcontracts.com JCT contract].
* [http://Www.fidic.org FIDIC contract].
* JCT/CIMAR: [http://www.jctltd.co.uk/docs/JCT_CIMAR%202011.pdf Construction Industry Model Arbitration Rules].
* PACE: [http://webarchive.nationalarchives.gov.uk/20100503135839/http://www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guide to the Appointment of Consultants and Contractors] P549 and 384

[[Category:Other_legislation]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Arbitration in the construction industry

2016-01-11T12:40:36Z

J.stark.pringle:

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes are resolved on the basis of material facts, documents and relevant principles of law.

The arbitration process is administered by an appointed arbitrator subject to any relevant contractual rules and subject to the statutory regulatory framework applied by the domestic courts. There are only limited rights of appeal and legal costs are usually awarded to the successful party.

English law does not insist on any formal requirements for an arbitration agreement (for example it can be verbal), however if the agreement is not in writing it will be outside the supervisory regime of the courts established by the [http://Www.legislation.gov.uk/ukpga/1996/23/contents Arbitration Act]. In addition, construction projects with complex disputes require properly constituted arbitration procedures in order for them to be effective.

Arbitration clauses are traditionally found in all standard form contracts used in the UK, often with related adjudication clauses (for example JCT 05, and ICE 7th Edition (now withdrawn in favour of NEC3)). In the last few years there has been a tendency to set the dispute resolution default at litigation rather than arbitration, leaving the parties to specifically agree to arbitration.

Arbitration commences with a notice to concur which provides for agreement on the appointment of an arbitrator, failing which an arbitrator may be appointed by a nominating body (which should be named in the contract). Arbitration is now usually combined with adjudication and mediation in tiered dispute resolution procedures.

Advantages:

* It is private - there is no public record of any proceedings, although not necessarily confidential
* Comparative informality
* Speed, although this depends very much on the manner in which the arbitrator conducts the arbitration
* The parties can agree on an arbitrator with relevant expertise in the matter. The arbitrators award can be enforced as a judgement of the court

The parties must bear the costs of both the arbitrator and the venue

Disadvantages:

* Sometimes arbitration simply mimics court processes and so you do not get the advantage of informality and speed
* Limited powers of compulsion or sanction if one party fails to comply with directions of the arbitrator, which can significantly slow down the process
* The arbitrator has no power to make interim measures, such as for the preservation of property
* Limited appeal rights

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Adjudication.
* Alternative dispute resolution.
* Alternative Dispute Resolution legislation.
* Arbitration Act.
* Breach of contract.
* Causes of construction disputes.
* Conciliation.
* Contract claims.
* Dispute resolution boards.
* Housing Grants, Construction and Regeneration Act.
* Mediation.
* Scheme for Construction Contracts.
* The Housing Grants, Construction and Regeneration Act.
* Scheme for Construction Contracts.

=== External references ===

* [http://Www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract ICE contract].
* [http://Www.jctcontracts.com JCT contract].
* [http://Www.fidic.org FIDIC contract].
* JCT/CIMAR: [http://www.jctltd.co.uk/docs/JCT_CIMAR%202011.pdf Construction Industry Model Arbitration Rules].
* PACE: [http://webarchive.nationalarchives.gov.uk/20100503135839/http://www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guide to the Appointment of Consultants and Contractors] P549 and 384

[[Category:Other_legislation]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Arbitration in the construction industry

2016-01-11T12:39:27Z

J.stark.pringle:

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes are resolved on the basis of material facts, documents and relevant principles of law.

The arbitration process is administered by an appointed arbitrator subject to any relevant contractual rules and subject to the statutory regulatory framework applied by the domestic courts. There are only limited rights of appeal and legal costs are usually awarded to the successful party.

English law does not insist on any formal requirements for an arbitration agreement (for example it can be verbal), however if the agreement is not in writing it will be outside the supervisory regime of the courts established by the [http://Www.legislation.gov.uk/ukpga/1996/23/contents Arbitration Act]. In addition, construction projects with complex disputes require properly constituted arbitration procedures in order for them to be effective.

Arbitration clauses are traditionally found in all standard form contracts used in the UK, often with related adjudication clauses (for example JCT 05, and ICE 7th Edition (now withdrawn in favour of NEC3)). In the last few years there has been a tendency to set the dispute resolution default at litigation rather than arbitration, leaving the parties to specifically agree to arbitration (for example JCT 05 Section 9 and NEC3 option W2). Arbitration remains the favoured method of dispute resolution for international projects (for example FIDIC contracts) and [http://www.uncitral.org UNCITRAL] are widely accepted in international commerce.

Arbitration commences with a notice to concur which provides for agreement on the appointment of an arbitrator, failing which an arbitrator may be appointed by a nominating body (which should be named in the contract). Arbitration is now usually combined with adjudication and mediation in tiered dispute resolution procedures (see for example the [http://www.ciarb.org/dispute-resolution/dispute-resolution-contract-clauses Chartered Institute of Arbitrators]' ‘catch all’ dispute resolution clause and the [http://www.jctltd.co.uk/docs/JCT_CIMAR%202011.pdf Construction Industry Model Arbitration Rules 20011] (CIMAR).

Advantages:

* It is private - there is no public record of any proceedings, although not necessarily confidential
* Comparative informality
* Speed, although this depends very much on the manner in which the arbitrator conducts the arbitration
* The parties can agree on an arbitrator with relevant expertise in the matter. The arbitrators award can be enforced as a judgement of the court

The parties must bear the costs of both the arbitrator and the venue

Disadvantages:

* Sometimes arbitration simply mimics court processes and so you do not get the advantage of informality and speed
* Limited powers of compulsion or sanction if one party fails to comply with directions of the arbitrator, which can significantly slow down the process
* The arbitrator has no power to make interim measures, such as for the preservation of property
* Limited appeal rights

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Adjudication.
* Alternative dispute resolution.
* Alternative Dispute Resolution legislation.
* Arbitration Act.
* Breach of contract.
* Causes of construction disputes.
* Conciliation.
* Contract claims.
* Dispute resolution boards.
* Housing Grants, Construction and Regeneration Act.
* Mediation.
* Scheme for Construction Contracts.
* The Housing Grants, Construction and Regeneration Act.
* Scheme for Construction Contracts.

=== External references ===

* [http://Www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract ICE contract].
* [http://Www.jctcontracts.com JCT contract].
* [http://Www.fidic.org FIDIC contract].
* JCT/CIMAR: [http://www.jctltd.co.uk/docs/JCT_CIMAR%202011.pdf Construction Industry Model Arbitration Rules].
* PACE: [http://webarchive.nationalarchives.gov.uk/20100503135839/http://www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guide to the Appointment of Consultants and Contractors] P549 and 384

[[Category:Other_legislation]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Adjudication in construction contracts

2016-01-11T12:32:33Z

J.stark.pringle:

= Introduction =

Adjudication is a contractual or statutory procedure for swift interim dispute resolution. Adjudication is provided by a third party adjudicator selected by the parties to the dispute. Adjuducation is often is subject to a strict timetable and may be based purely on documentary submissions (see for example [http://www.neccontract.com/ NEC Engineering and Construction Contract], option W2). Adjudicators can adopt an inquisitorial role which may involve taking the initiative in ascertaining facts and law.

Adjudication decisions are binding unless and until they are revised by arbitration or litigation. There is no right of appeal and limited right to resist enforcement. Award of legal costs is at the discretion of the adjudicator unless this is excluded by the terms of the contract. Based on decision and written information received from both parties, the whole process can take up to 28 days and the decisions are binding.

If parties to a construction contract do not agree an adjudication procedure, then one is imposed by statute (see the [http://www.legislation.gov.uk/ukpga/1996/53/part/II Housing Grants, Construction and Regeneration Act 1996 Part II Section 108] and the [http://www.legislation.gov.uk/ukpga/2009/20/part/8 Local Democracy, Economic Development and Construction Act 2009 Part 8], which took effect in England and Wales in October 2011 and in Scotland in November 2011). Contractual adjudication procedures must comply with [http://www.legislation.gov.uk/ukpga/1996/53/part/II Section 108 of the Housing Grants, Construction and Regeneration Act].

The adjudicator is either named in the contract, agreed by the parties or appointed by a nominating body, usually named in the contract (see for example, the [http://www.tecsa.org.uk/ Technology and Construction Solicitors Association (TeSCA)] which has developed its own Adjudication Rules (now version 3.1). If the parties do not agree procedural rules which comply with the Housing Grants, Construction and Regeneration Act then the Act imposes the rules set out in the Scheme for Construction Contracts.

Advantages:

* The parties can select the expert or the characteristics of the expert
* The expert can act as an investigator
* Seldom lengthy oral arguments or legal submissions
* No cross examination or formal evidence
* Streamlined, speedy and flexible procedures as agreed between the parties
* Less expensive

Disadvantages:

* The expert cannot go beyond the jurisdiction specified in the contract
* The expert determination is not supported by statute
* The expert powers are limited
* The expert's determinations must be enforced by commencing court proceedings

= Section 108 - key adjudication provisionsSection 108 of the Act =

* The requirements for adjudication that all construction contracts should provide for
* If the contract does not comply with these requirements, then the statutory scheme will apply
* A party to a construction contract will thereby be able to refer any dispute arising under the contract for adjudication under either the contractual scheme or the statutory scheme

== Section 108 (2) - stipulates that the contractual scheme for adjudication should ==

* Enable a party to give notice at any time of his intention to refer a dispute to adjudication
* Provide a timetable with the object of securing the appointment of an adjudicator and referral of the dispute to him within 7 days of such notice
* Require the adjudicator to reach a decision within 28 days of referral or such longer period as agreed by the parties, or by up to 14 days with the consent of the party by whom the dispute was referred
* Impose a duty on the adjudicator to act impartially and
* Enable the adjudicator to take initiative in ascertaining the facts and law
* (The adjudicator is not required to act judicially when applying the law, nor is there any obligation upon him to reach the right answer)
* Provide that the decision of the adjudicator is binding unless and until the dispute is finally determined by legal proceedings, by arbitration or by agreement
* Provide that the adjudicator is not liable for anything done or omitted in the discharge of his functions unless in bad faith.

= The scheme for Construction Contracts =

Notice

* The party seeking adjudication serves written notice on every other party to the contract
* This briefly sets out the nature of the dispute and the relief sought
* A copy is sent to the adjudicator of nominating body

Appointment

* Selection of an adjudicator by a body must be communicated to the parties within five days of referral
* The selected adjudicator has two days to decide whether he is willing to act
* This person must not be an employee of a party to the dispute
* Once appointed, the referring party must serve notice on the adjudicator, accompanied by copies of all documents on which that party intends to rely
* Copies of this notice and documents are sent to all other parties in the dispute

Related disputes

* The adjudicator may decide more than one dispute arising out of one contract, and/or
* May decide related issues arising under different contracts

Objection to adjudicator

* The objection of a party to the appointment of a particular person as adjudicator will not invalidate the appointment or decision of the adjudicator

Powers of adjudicator

* To open up, revise and review certificates unless the contract provides that they are final and conclusive
* To decide and order payment of sums due under the contract
* To decide whether interest should be paid

= Find out more =

=== Related Articles on Designing Buildings Wiki ===

* Alternative dispute resolution.
* Alternative Dispute Resolution legislation.
* Arbitration.
* Breach of contract.
* Causes of construction disputes.
* Conciliation
* Contract claims.
* Contract conditions.
* Dispute resolution board.
* Mediation.
* The Housing Grants, Construction and Regeneration Act.
* The Scheme for Construction Contracts.

=== External references ===

* [http://www.neccontract.com NEC contract].
* [http://www.nec-adjudicators.org NEC adjudicators].
* [http://www.aica-adjudication.co.uk Association of Independent Construction Adjudicators].
* PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http://www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guide to the Appointment of Consultants and Contractors] P383.
* [http://www.tecsa.org.uk/ Technology and Construction Solicitors Association (TeSCA).]

[[Category:Articles_needing_more_work]] [[Category:Other_legislation]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]

Adjudication in construction contracts

2016-01-11T12:30:34Z

J.stark.pringle:

= Introduction =

Adjudication is a contractual or statutory procedure for swift interim dispute resolution. Adjudication is provided by a third party adjudicator selected by the parties to the dispute. Adjuducation is often is subject to a strict timetable and may be based purely on documentary submissions (see for example [http://www.neccontract.com/ NEC Engineering and Construction Contract], option W2).

Adjudicators can adopt an inquisitorial role which may involve taking the initiative in ascertaining facts and law.

Adjudication decisions are binding unless and until they are revised by arbitration or litigation. There is no right of appeal and limited right to resist enforcement. Award of legal costs is at the discretion of the adjudicator unless this is excluded by the terms of the contract. Based on decision and written information received from both parties, the whole process can take up to 28 days and the decisions are binding.

If parties to a construction contract do not agree an adjudication procedure, then one is imposed by statute (see the [http://www.legislation.gov.uk/ukpga/1996/53/part/II Housing Grants, Construction and Regeneration Act 1996 Part II Section 108] and the [http://www.legislation.gov.uk/ukpga/2009/20/part/8 Local Democracy, Economic Development and Construction Act 2009 Part 8], which took effect in England and Wales in October 2011 and in Scotland in November 2011). Contractual adjudication procedures must comply with [http://www.legislation.gov.uk/ukpga/1996/53/part/II Section 108 of the Housing Grants, Construction and Regeneration Act].

The adjudicator is either named in the contract, agreed by the parties or appointed by a nominating body, usually named in the contract (see for example, the [http://www.tecsa.org.uk/ Technology and Construction Solicitors Association (TeSCA)] which has developed its own Adjudication Rules (now version 3.1). If the parties do not agree procedural rules which comply with the Housing Grants, Construction and Regeneration Act then the Act imposes the rules set out in the Scheme for Construction Contracts.

== Advantage & Disadvantages: ==

Advantages:

* The parties can select the expert or the characteristics of the expert
* The expert can act as an investigator
* Seldom lengthy oral arguments or legal submissions
* No cross examination or formal evidence
* Streamlined, speedy and flexible procedures as agreed between the parties
* Less expensive

Disadvantages:

* The expert cannot go beyond the jurisdiction specified in the contract
* The expert determination is not supported by statute
* The expert powers are limited
* The expert's determinations must be enforced by commencing court proceedings

= Section 108 - key adjudication provisionsSection 108 of the Act =

* The requirements for adjudication that all construction contracts should provide for
* If the contract does not comply with these requirements, then the statutory scheme will apply
* A party to a construction contract will thereby be able to refer any dispute arising under the contract for adjudication under either the contractual scheme or the statutory scheme

== Section 108 (2) - stipulates that the contractual scheme for adjudication should ==

* Enable a party to give notice at any time of his intention to refer a dispute to adjudication
* Provide a timetable with the object of securing the appointment of an adjudicator and referral of the dispute to him within 7 days of such notice
* Require the adjudicator to reach a decision within 28 days of referral or such longer period as agreed by the parties, or by up to 14 days with the consent of the party by whom the dispute was referred
* Impose a duty on the adjudicator to act impartially and
* Enable the adjudicator to take initiative in ascertaining the facts and law
* (The adjudicator is not required to act judicially when applying the law, nor is there any obligation upon him to reach the right answer)
* Provide that the decision of the adjudicator is binding unless and until the dispute is finally determined by legal proceedings, by arbitration or by agreement
* Provide that the adjudicator is not liable for anything done or omitted in the discharge of his functions unless in bad faith.
* If the contract does not comply with the requirements of the Act, the adjudication provisions of the Scheme for Construction Contracts apply.

= The scheme for Construction Contracts =

Notice

* The party seeking adjudication serves written notice on every other party to the contract
* This briefly sets out the nature of the dispute and the relief sought
* A copy is sent to the adjudicator of nominating body

Appointment

* Selection of an adjudicator by a body must be communicated to the parties within five days of referral
* The selected adjudicator has two days to decide whether he is willing to act
* This person must not be an employee of a party to the dispute
* Once appointed, the referring party must serve notice on the adjudicator, accompanied by copies of all documents on which that party intends to rely
* Copies of this notice and documents are sent to all other parties in the dispute

Related disputes

* The adjudicator may decide more than one dispute arising out of one contract, and/or
* May decide related issues arising under different contracts

Objection to adjudicator

* The objection of a party to the appointment of a particular person as adjudicator will not invalidate the appointment or decision of the adjudicator

Powers of adjudicator

* To open up, revise and review certificates unless the contract provides that they are final and conclusive
* To decide and order payment of sums due under the contract
* To decide whether interest should be paid

= Find out more =

=== Related Articles on Designing Buildings Wiki ===

* Alternative dispute resolution.
* Alternative Dispute Resolution legislation.
* Arbitration.
* Breach of contract.
* Causes of construction disputes.
* Conciliation
* Contract claims.
* Contract conditions.
* Dispute resolution board.
* Mediation.
* The Housing Grants, Construction and Regeneration Act.
* The Scheme for Construction Contracts.

=== External references ===

* [http://www.neccontract.com NEC contract].
* [http://www.nec-adjudicators.org NEC adjudicators].
* [http://www.aica-adjudication.co.uk Association of Independent Construction Adjudicators].
* PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http://www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guide to the Appointment of Consultants and Contractors] P383.
* [http://www.tecsa.org.uk/ Technology and Construction Solicitors Association (TeSCA).]

[[Category:Articles_needing_more_work]] [[Category:Other_legislation]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]

Statutory Procedures for Planning

2016-01-10T16:53:34Z

J.stark.pringle:

= Introduction =

Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning lies with [http://www.designingbuildings.co.uk/wiki/Local_planning_authorities local planning authorities] (usually, the planning department of the district or borough council). The legislation, policy and guidance that underpins planning in England can be found on the government's [http://planningguidance.planningportal.gov.uk/ National Planning Practice Guidance] website.

Other than [http://www.designingbuildings.co.uk/wiki/Permitted_development permitted developments], (which are considered to have insignificant impact), all developments require planning permission. The [http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/permitted Town and Country Planning (General Permitted Development) Order 1995] sets out details for developments that might be permitted without requiring a [http://www.designingbuildings.co.uk/wiki/Planning_application planning application].

The [http://www.communities.gov.uk/planningandbuilding/ Department for Communities and Local Government] decides national [http://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] for England and this is set out in the [http://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework].

= Planning Risk =

Planning permission can be the greatest risk on a construction project.

Deciding whether to make an outline or [http://www.designingbuildings.co.uk/wiki/Detailed_application detailed application], and when to make an application is of great importance. Typically [http://www.designingbuildings.co.uk/wiki/Clients clients] wish to secure planning permission as soon as possible so as to minimise abortive design costs. However, being granted planning permission may become more likely as the design develops and more details can be provided to the [http://www.designingbuildings.co.uk/wiki/Planning_authority planning authority].

See [http://www.designingbuildings.co.uk/wiki/Planning_risk planning risk] for more information.

= Statutory Procedures =

The Local Development Framework (LDF) and Local Plan should be referred to, to establish local planning policy and development in the area. Looking at the planning policy statements to establish provisions.

A number of reports depending on the size and nature of the site will need to be carried out. Design work will be processed at risk until the outcome of the report have been established.

Many of the statutes outlined above will not seriously hinder the programme. However Historic England may delay the design development if they are not happy with the effect on the Listed Building and its curtilage.

Contaminated land may delay early site construction work if it is more serious than indicated by the initial survey. The Local authority may put planning conditions demanding that contaminated land work is fully completed before the main work commences.

Upon excavation for construction unmapped drains and sewers may be discovered which would require notification to the local authority. Statutory undertakers/utilities: if works to utilities (i.e. moving a water main, gas pipe or the electrical sub-station) are required the time involved is down to each company – this can drag on and typically be costly.

If protected species are found they may delay construction until the Environment Agency is happy that their habitat is restored.

Pre-application advice: no definitive time lines. Generally takes about a month to set a meeting date. It may be advisable to carry out public consultation prior to the planning submission. This will take time to prepare, notification is required and the consultation will also take a set, reasonable period.

A meeting with the council when the design is progressed to gauge feedback. This can take up to 4 weeks to arrange.

Planning Application and Listed Building Consent and Conservation Area Consent. The guidelines for these are 8 weeks for a decision. The public nature and impact of the project may affect the local area and would require a public consultation prior to any application being made, which could prolong it.

If the planning application is refused an appeal can be made or a revised application can be submitted within 12 months at no extra charge. Appeal procedure: 3 methods: written submissions, informal hearing or public enquiry.) Time: 3–6 months from time appeal is made.

The client should be made aware of there obligations under the CDM 2015 at the early stage as they have the responsibility to ensure the safe access and site conditions during the initial surveys that is carried out

= Refusal =

If planning permission is refused, the applicant may lodge a [http://www.designingbuildings.co.uk/wiki/Planning_appeal planning appeal] which will then usually be decided by an inspector acting for the Secretary of State. See [http://www.designingbuildings.co.uk/wiki/Planning_appeal Planning appeal] for more information.

NB Many [http://www.designingbuildings.co.uk/wiki/Planning_application planning applications] are now made online via the [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal], which also allows supporting documents to be uploaded, [http://www.designingbuildings.co.uk/wiki/Fees fees] paid, and offers a great deal of guidance information. See [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal] for more information.

Statutory Procedures for Planning

2016-01-10T16:46:54Z

J.stark.pringle:

= Introduction =

Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning lies with [http://www.designingbuildings.co.uk/wiki/Local_planning_authorities local planning authorities] (usually, the planning department of the district or borough council). The legislation, policy and guidance that underpins planning in England can be found on the government's [http://planningguidance.planningportal.gov.uk/ National Planning Practice Guidance] website.

Other than [http://www.designingbuildings.co.uk/wiki/Permitted_development permitted developments], (which are considered to have insignificant impact), all developments require planning permission. The [http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/permitted Town and Country Planning (General Permitted Development) Order 1995] sets out details for developments that might be permitted without requiring a [http://www.designingbuildings.co.uk/wiki/Planning_application planning application].

The [http://www.communities.gov.uk/planningandbuilding/ Department for Communities and Local Government] decides national [http://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] for England and this is set out in the [http://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework].

= Planning Risk =

Planning permission can be the greatest risk on a construction project.

Deciding whether to make an outline or [http://www.designingbuildings.co.uk/wiki/Detailed_application detailed application], and when to make an application is of great importance. Typically [http://www.designingbuildings.co.uk/wiki/Clients clients] wish to secure planning permission as soon as possible so as to minimise abortive design costs. However, being granted planning permission may become more likely as the design develops and more details can be provided to the [http://www.designingbuildings.co.uk/wiki/Planning_authority planning authority].

See [http://www.designingbuildings.co.uk/wiki/Planning_risk planning risk] for more information.

= Statutory Procedures =

A number of reports depending on the size and nature of the site will need to be carried out. Design work will be processed at risk until the outcome of the report have been established.

Many of the statutes outlined above will not seriously hinder the programme. However Historic England may delay the design development if they are not happy with the effect on the Listed Building and its curtilage.

Contaminated land may delay early site construction work if it is more serious than indicated by the initial survey. The Local authority may put planning conditions demanding that contaminated land work is fully completed before the main work commences.

Upon excavation for construction unmapped drains and sewers may be discovered which would require notification to the local authority. Statutory undertakers/utilities: if works to utilities (i.e. moving a water main, gas pipe or the electrical sub-station) are required the time involved is down to each company – this can drag on and typically be costly.

If protected species are found they may delay construction until the Environment Agency is happy that their habitat is restored.

Pre-application advice: no definitive time lines. Generally takes about a month to set a meeting date. It may be advisable to carry out public consultation prior to the planning submission. This will take time to prepare, notification is required and the consultation will also take a set, reasonable period.

A meeting with the council when the design is progressed to gauge feedback. This can take up to 4 weeks to arrange.

Planning Application and Listed Building Consent and Conservation Area Consent. The guidelines for these are 8 weeks for a decision. The public nature and impact of the project may affect the local area and would require a public consultation prior to any application being made, which could prolong it.

If the planning application is refused an appeal can be made or a revised application can be submitted within 12 months at no extra charge. Appeal procedure: 3 methods: written submissions, informal hearing or public enquiry.) Time: 3–6 months from time appeal is made.

The client should be made aware of there obligations under the CDM 2015 at the early stage as they have the responsibility to ensure the safe access and site conditions during the initial surveys that is carried out

= Refusal =

If planning permission is refused, the applicant may lodge a [http://www.designingbuildings.co.uk/wiki/Planning_appeal planning appeal] which will then usually be decided by an inspector acting for the Secretary of State. See [http://www.designingbuildings.co.uk/wiki/Planning_appeal Planning appeal] for more information.

NB Many [http://www.designingbuildings.co.uk/wiki/Planning_application planning applications] are now made online via the [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal], which also allows supporting documents to be uploaded, [http://www.designingbuildings.co.uk/wiki/Fees fees] paid, and offers a great deal of guidance information. See [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal] for more information.

Statutory Procedures for Planning

2016-01-10T16:40:12Z

J.stark.pringle:

= Introduction =

Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning lies with [http://www.designingbuildings.co.uk/wiki/Local_planning_authorities local planning authorities] (usually, the planning department of the district or borough council). The legislation, policy and guidance that underpins planning in England can be found on the government's [http://planningguidance.planningportal.gov.uk/ National Planning Practice Guidance] website.

Other than [http://www.designingbuildings.co.uk/wiki/Permitted_development permitted developments], (which are considered to have insignificant impact), all developments require planning permission. The [http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/permitted Town and Country Planning (General Permitted Development) Order 1995] sets out details for developments that might be permitted without requiring a [http://www.designingbuildings.co.uk/wiki/Planning_application planning application].

The [http://www.communities.gov.uk/planningandbuilding/ Department for Communities and Local Government] decides national [http://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] for England and this is set out in the [http://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework].

= Planning Risk =

Planning permission can be the greatest risk on a construction project.

Deciding whether to make an outline or [http://www.designingbuildings.co.uk/wiki/Detailed_application detailed application], and when to make an application is of great importance. Typically [http://www.designingbuildings.co.uk/wiki/Clients clients] wish to secure planning permission as soon as possible so as to minimise abortive design costs. However, being granted planning permission may become more likely as the design develops and more details can be provided to the [http://www.designingbuildings.co.uk/wiki/Planning_authority planning authority].

See [http://www.designingbuildings.co.uk/wiki/Planning_risk planning risk] for more information.

= Statutory Procedures =

A number of reports depending on the size and nature of the site will need to be carried out. Design work will be processed at risk until the outcome of the report have been established.

Many of the statutes outlined above will not seriously hinder the programme. However Historic England may delay the design development if they are not happy with the effect on the Listed Building and its curtilage.

Contaminated land may delay early site construction work if it is more serious than indicated by the initial survey. The Local authority may put planning conditions demanding that contaminated land work is fully completed before the main work commences.

Upon excavation for construction unmapped drains and sewers may be discovered which would require notification to the local authority. Statutory undertakers/utilities: if works to utilities (i.e. moving a water main, gas pipe or the electrical sub-station) are required the time involved is down to each company – this can drag on and typically be costly.

If protected species are found they may delay construction until the Environment Agency is happy that their habitat is restored.

Pre-application advice: no definitive time lines. Generally takes about a month to set a meeting date. It may be advisable to carry out public consultation prior to the planning submission. This will take time to prepare, notification is required and the consultation will also take a set, reasonable period.

A meeting with the council when the design is progressed to gauge feedback. This can take up to 4 weeks to arrange.

Planning Application and Listed Building Consent and Conservation Area Consent. The guidelines for these are 8 weeks for a decision. The public nature and impact of the project may affect the local area and would require a public consultation prior to any application being made, which could prolong it.

If the planning application is refused an appeal can be made or a revised application can be submitted within 12 months at no extra charge. Appeal procedure: 3 methods: written submissions, informal hearing or public enquiry.) Time: 3–6 months from time appeal is made.

= Refusal =

If planning permission is refused, the applicant may lodge a [http://www.designingbuildings.co.uk/wiki/Planning_appeal planning appeal] which will then usually be decided by an inspector acting for the Secretary of State. See [http://www.designingbuildings.co.uk/wiki/Planning_appeal Planning appeal] for more information.

NB Many [http://www.designingbuildings.co.uk/wiki/Planning_application planning applications] are now made online via the [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal], which also allows supporting documents to be uploaded, [http://www.designingbuildings.co.uk/wiki/Fees fees] paid, and offers a great deal of guidance information. See [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal] for more information.

Statutory Procedures for Planning

2016-01-10T16:39:44Z

J.stark.pringle:

= Introduction =

Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning lies with [http://www.designingbuildings.co.uk/wiki/Local_planning_authorities local planning authorities] (usually, the planning department of the district or borough council). The legislation, policy and guidance that underpins planning in England can be found on the government's [http://planningguidance.planningportal.gov.uk/ National Planning Practice Guidance] website.

Other than [http://www.designingbuildings.co.uk/wiki/Permitted_development permitted developments], (which are considered to have insignificant impact), all developments require planning permission. The [http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/permitted Town and Country Planning (General Permitted Development) Order 1995] sets out details for developments that might be permitted without requiring a [http://www.designingbuildings.co.uk/wiki/Planning_application planning application].

The [http://www.communities.gov.uk/planningandbuilding/ Department for Communities and Local Government] decides national [http://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] for England and this is set out in the [http://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework].

= Planning Risk =

Planning permission can be the greatest risk on a construction project.

Deciding whether to make an outline or [http://www.designingbuildings.co.uk/wiki/Detailed_application detailed application], and when to make an application is of great importance. Typically [http://www.designingbuildings.co.uk/wiki/Clients clients] wish to secure planning permission as soon as possible so as to minimise abortive design costs. However, being granted planning permission may become more likely as the design develops and more details can be provided to the [http://www.designingbuildings.co.uk/wiki/Planning_authority planning authority].

See [http://www.designingbuildings.co.uk/wiki/Planning_risk planning risk] for more information.

= Statutory Procedures =

A number of reports depending on the size and nature of the site will need to be carried out. Design work will be processed at risk until the outcome of the report have been established.

Many of the statutes outlined above will not seriously hinder the programme. However Historic England may delay the design development if they are not happy with the effect on the Listed Building and its curtilage.

Contaminated land may delay early site construction work if it is more serious than indicated by the initial survey. The Local authority may put planning conditions demanding that contaminated land work is fully completed before the main work commences.

Upon excavation for construction unmapped drains and sewers may be discovered which would require notification to the local authority. Statutory undertakers/utilities: if works to utilities (i.e. moving a water main, gas pipe or the electrical sub-station) are required the time involved is down to each company – this can drag on and typically be costly.

If protected species are found they may delay construction until the Environment Agency is happy that their habitat is restored.

Pre-application advice: no definitive time lines. Generally takes about a month to set a meeting date. It may be advisable to carry out public consultation prior to the planning submission. This will take time to prepare, notification is required and the consultation will also take a set, reasonable period.

A meeting with the council when the design is progressed to gauge feedback. This can take up to 4 weeks to arrange.

Planning Application and Listed Building Consent and Conservation Area Consent. The guidelines for these are 8 weeks for a decision. The public nature and impact of the project may affect the local area and would require a public consultation prior to any application being made, which could prolong it.

If the planning application is refused an appeal can be made or a revised application can be submitted within 12 months at no extra charge. Appeal procedure: 3 methods: written submissions, informal hearing or public enquiry.) Time: 3–6 months from time appeal is made.

= Refusal =

If planning permission is refused, the applicant may lodge a [http://www.designingbuildings.co.uk/wiki/Planning_appeal planning appeal] which will then usually be decided by an inspector acting for the Secretary of State. See [http://www.designingbuildings.co.uk/wiki/Planning_appeal Planning appeal] for more information.

NB Many [http://www.designingbuildings.co.uk/wiki/Planning_application planning applications] are now made online via the [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal], which also allows supporting documents to be uploaded, [http://www.designingbuildings.co.uk/wiki/Fees fees] paid, and offers a great deal of guidance information. See [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal] for more information.

Statutory Procedures for Planning

2016-01-10T16:38:56Z

J.stark.pringle:

Introduction

-----
Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning lies with [http://www.designingbuildings.co.uk/wiki/Local_planning_authorities local planning authorities] (usually, the planning department of the district or borough council). The legislation, policy and guidance that underpins planning in England can be found on the government's [http://planningguidance.planningportal.gov.uk/ National Planning Practice Guidance] website.

Other than [http://www.designingbuildings.co.uk/wiki/Permitted_development permitted developments], (which are considered to have insignificant impact), all developments require planning permission. The [http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/permitted Town and Country Planning (General Permitted Development) Order 1995] sets out details for developments that might be permitted without requiring a [http://www.designingbuildings.co.uk/wiki/Planning_application planning application].

The [http://www.communities.gov.uk/planningandbuilding/ Department for Communities and Local Government] decides national [http://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] for England and this is set out in the [http://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework].

Planning Risk

-----
Planning permission can be the greatest risk on a construction project.

Deciding whether to make an outline or [http://www.designingbuildings.co.uk/wiki/Detailed_application detailed application], and when to make an application is of great importance. Typically [http://www.designingbuildings.co.uk/wiki/Clients clients] wish to secure planning permission as soon as possible so as to minimise abortive design costs. However, being granted planning permission may become more likely as the design develops and more details can be provided to the [http://www.designingbuildings.co.uk/wiki/Planning_authority planning authority].

See [http://www.designingbuildings.co.uk/wiki/Planning_risk planning risk] for more information.

Statutory Procedures

-----
A number of reports depending on the size and nature of the site will need to be carried out. Design work will be processed at risk until the outcome of the report have been established.

Many of the statutes outlined above will not seriously hinder the programme. However Historic England may delay the design development if they are not happy with the effect on the Listed Building and its curtilage.

Contaminated land may delay early site construction work if it is more serious than indicated by the initial survey. The Local authority may put planning conditions demanding that contaminated land work is fully completed before the main work commences.

Upon excavation for construction unmapped drains and sewers may be discovered which would require notification to the local authority. Statutory undertakers/utilities: if works to utilities (i.e. moving a water main, gas pipe or the electrical sub-station) are required the time involved is down to each company – this can drag on and typically be costly.

If protected species are found they may delay construction until the Environment Agency is happy that their habitat is restored.

Pre-application advice: no definitive time lines. Generally takes about a month to set a meeting date. It may be advisable to carry out public consultation prior to the planning submission. This will take time to prepare, notification is required and the consultation will also take a set, reasonable period.

A meeting with the council when the design is progressed to gauge feedback. This can take up to 4 weeks to arrange.

Planning Application and Listed Building Consent and Conservation Area Consent. The guidelines for these are 8 weeks for a decision. The public nature and impact of the project may affect the local area and would require a public consultation prior to any application being made, which could prolong it.

If the planning application is refused an appeal can be made or a revised application can be submitted within 12 months at no extra charge. Appeal procedure: 3 methods: written submissions, informal hearing or public enquiry.) Time: 3–6 months from time appeal is made.

Refusal

-----
If planning permission is refused, the applicant may lodge a [http://www.designingbuildings.co.uk/wiki/Planning_appeal planning appeal] which will then usually be decided by an inspector acting for the Secretary of State. See [http://www.designingbuildings.co.uk/wiki/Planning_appeal Planning appeal] for more information.

NB Many [http://www.designingbuildings.co.uk/wiki/Planning_application planning applications] are now made online via the [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal], which also allows supporting documents to be uploaded, [http://www.designingbuildings.co.uk/wiki/Fees fees] paid, and offers a great deal of guidance information. See [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal] for more information.

Statutory Procedures for Planning

2016-01-10T16:35:39Z

J.stark.pringle: Created page with "Introduction ----- Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning ..."

Introduction

-----
Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning lies with [http://www.designingbuildings.co.uk/wiki/Local_planning_authorities local planning authorities] (usually, the planning department of the district or borough council). The legislation, policy and guidance that underpins planning in England can be found on the government's [http://planningguidance.planningportal.gov.uk/ National Planning Practice Guidance] website.

Other than [http://www.designingbuildings.co.uk/wiki/Permitted_development permitted developments], (which are considered to have insignificant impact), all developments require planning permission. The [http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/permitted Town and Country Planning (General Permitted Development) Order 1995] sets out details for developments that might be permitted without requiring a [http://www.designingbuildings.co.uk/wiki/Planning_application planning application].

The [http://www.communities.gov.uk/planningandbuilding/ Department for Communities and Local Government] decides national [http://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] for England and this is set out in the [http://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework].

Planning Risk

-----
Planning permission can be the greatest risk on a construction project.

Deciding whether to make an outline or [http://www.designingbuildings.co.uk/wiki/Detailed_application detailed application], and when to make an application is of great importance. Typically [http://www.designingbuildings.co.uk/wiki/Clients clients] wish to secure planning permission as soon as possible so as to minimise abortive design costs. However, being granted planning permission may become more likely as the design develops and more details can be provided to the [http://www.designingbuildings.co.uk/wiki/Planning_authority planning authority].

See [http://www.designingbuildings.co.uk/wiki/Planning_risk planning risk] for more information.

Statutory Procedures

-----
A number of reports depending on the size and nature of the site will need to be carried out. Design work will be processed at risk until the outcome of the report have been established.

Many of the statutes outlined above will not seriously hinder the programme.

However Historic England may delay the design development if they are not

happy with the effect on the Listed Building and its curtilage.

Contaminated land may delay early site construction work if it is more serious

than indicated by the initial survey. The Local authority may put planning

conditions demanding that contaminated land work is fully completed before

the main work commences.

Upon excavation for construction unmapped drains and sewers may be

discovered which would require notification to the local authority. Statutory undertakers/utilities: if works to utilities (i.e. moving a water main, gas pipe or the electrical sub-station) are required the time

involved is down to each company – this can drag on and typically be costly.

If protected species are found they may delay construction until the

Environment Agency is happy that their habitat is restored.

Pre-application advice: no definitive time lines. Generally takes about a

month to set a meeting date. It may be advisable to carry out public

consultation prior to the planning submission. This will take time to prepare,

notification is required and the consultation will also take a set, reasonable

period.

A meeting with the council when the design is progressed to gauge feedback. This can take up to 4 weeks to arrange.

Planning Application and Listed Building Consent and Conservation Area

Consent. The guidelines for these are 8 weeks for a decision. The public nature and impact of the project may affect the local area and would require a public consultation prior to any application being made, which could prolong it.

If the planning application is refused an appeal can be made or a revised

application can be submitted within 12 months at no extra charge.

Appeal procedure: 3 methods: written submissions, informal hearing or

public enquiry.) Time: 3–6 months from time appeal is made.

Refusal

-----
If planning permission is refused, the applicant may lodge a [http://www.designingbuildings.co.uk/wiki/Planning_appeal planning appeal] which will then usually be decided by an inspector acting for the Secretary of State. See [http://www.designingbuildings.co.uk/wiki/Planning_appeal Planning appeal] for more information.

NB Many [http://www.designingbuildings.co.uk/wiki/Planning_application planning applications] are now made online via the [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal], which also allows supporting documents to be uploaded, [http://www.designingbuildings.co.uk/wiki/Fees fees] paid, and offers a great deal of guidance information. See [http://www.designingbuildings.co.uk/wiki/Planning_Portal Planning Portal] for more information.