The Health and Safety Executive (HSE) are responsible for making developers aware of the CDM Regulations and their enforcement. They are presently attempting to bring the Regulations to the attention of smaller developers.

Someone who commissions construction projects ("the Client") has duties, as well as those who carry out the construction, if either (1) the Client is commissioning the work as part of its business or (2) if the premises are commercial or mixed use.

The duties on the Client include: (a) checking the competence and resources of its contractors; (b) allowing sufficient time and resources for all stages of the construction to be completed; (c) providing pre-construction information to designers and contractors and (d) ensuring suitable management arrangements are in place for welfare facilities.

"Notifiable projects" (which exceed 30 days or 500 person-days) attract additional duties: to appoint a co-ordinator who overseas the project and notifies the HSE; to appoint a principal contractor; to have a health and safety plan and to keep a health and safety file after completion.

Failure to comply with the Regulations might result in death or injury and a claim against you; stop-notices or financial penalties imposed by the HSE; or prosecution for serious failures.

Further information can be obtained from www.hse.gov.uk/construction or the HSE leaflet "A quick guide for clients on the Construction (Design and Management) Regulations 2007" or from the Property team at Wortley Byers LLP.

If you require any further advice or assistance please contact John Southan or a member of the Property team at Wortley Byers on 01277 268357 or jsouthan@wortleybyers.co.uk.

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