Who carries the client's CDM duties on a domestic project?
Under the CDM Regulations 2015, a domestic client is one for whom a project is carried out not in the course or furtherance of its business. Its client duties, including notifying the HSE, pass to the only contractor, to the principal contractor where there is more than one, or to the principal designer by written agreement.
Where the client's duties go
Its client duties, including the reg 6 notification, pass to the contractor where there is only one, to the principal contractor where there is more than one, or to the principal designer where they agree in writing (reg 7(1)); reg 8(3), (4) and (6) pass the same way (reg 8(7)). If a domestic client makes no appointment, the designer in control of the pre-construction phase is the principal designer and the contractor in control of the construction phase is the principal contractor (reg 7(2)).
| Duty | Window and section | If missed |
|---|---|---|
| Where the client is a domestic client, carry out the client's duties under regs 4(1) to (7) and 6 as the sole contractor, the principal contractor, or the principal designer by written agreement | none setreg 2(1), 7(1)-(3), 8(7) | an offenceLapsed compliance |
| Where the project is notifiable, give the HSE written notice with the Schedule 1 particulars as soon as is practicable before the construction phase begins | none setThese are the thresholds for the duty, not its window: 'as soon as is practicable before the construction phase begins' has no day count, so no window is recorded.reg 6(1)-(5); Sch 1 | an offenceLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Where the client is a domestic client, carry out the client's duties under regs 4(1) to (7) and 6 as the sole contractor, the principal contractor, or the principal designer by written agreement
reg 2(1), 7(1)-(3), 8(7) · none set · an offence
- A domestic client is one for whom a project is carried out not in the course or furtherance of its business (reg 2(1)).
- Its client duties, including the reg 6 notification, pass to the contractor where there is only one, to the principal contractor where there is more than one, or to the principal designer where they agree in writing (reg 7(1)); reg 8(3), (4) and (6) pass the same way (reg 8(7)).
- If a domestic client makes no appointment, the designer in control of the pre-construction phase is the principal designer and the contractor in control of the construction phase is the principal contractor (reg 7(2)).
Where the project is notifiable, give the HSE written notice with the Schedule 1 particulars as soon as is practicable before the construction phase begins
reg 6(1)-(5); Sch 1 · none set · an offence
- Binds the client (the contractor or principal contractor where the client is domestic, reg 7(1)).
- A project is notifiable if the construction work on a site is scheduled to last longer than 30 working days and have more than 20 workers working at the same time at any point, or to exceed 500 person days (reg 6(1)); a working day is any day on which construction work takes place (reg 2(1)).
The duties a contractor takes on
The client's duties include the HSE notice, making sure a construction phase plan is drawn up, and making sure a health and safety file is prepared.
What this page is, and is not
It is the section text this library holds for England, from The Construction (Design and Management) Regulations 2015 (Great Britain), Housing Grants, Construction and Regeneration Act 1996, Part II (Construction Contracts) and The Scheme for Construction Contracts (England and Wales) Regulations 1998, as amended for England, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Regulations, the Act, the Scheme and the contract you signed.
Demiton does not yet track English projects. These pages set out the duties; the product does not run these checks on an English job today.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.