The following is NOT a definitive guide to the Regulations and is only intended as a very brief introduction to the those who are not aware of such legal requirements. Even relatively minor work to your property may be notifiable to your local Health and Safety executive and, as such, will have to comply with the legislation and procedures. This may necessitate appointing a Health and Safety Supervising Officer to undertake various legal duties on your behalf. Naturally, we can advise you if the Regulations apply to your project and undertake any necessary duties as part of our architectural services / construction supervisory duties. The relevant details and legal requirements are stated in the Code of Practice to the Construction (Design and Management) Regulations 1994, obtainable from good booksellers.

The construction industry covers a vast and diverse range of activities, hazards, materials, techniques, employment patterns and constructional agreements. In these circumstances, good management of construction projects is needed from conception through to execution if health and safety standards are to be maintained. Poor management is a prime cause of the unacceptable accident and occupational health record of the construction industry.

The Construction (Design and Management) Regulations 1994 (shortened to CDM Regulations) place new legal duties upon the client (the person, site owner or company authorizing the work to be undertaken), the client's agent (where appointed), designers and contractors to rethink their approach to health and safety so that it is taken into account and then co-ordinated and managed effectively throughout all stages of a construction project: from conception, design and planning through to the execution of works on site and subsequent maintenance and repair.

CDM Regulations do not apply to (A) construction work (including demolition) carried out on a home owners dwelling unless the work is undertaken by a 'developer' as defined in regulation 5(1) or (B) any project which is non notifiable and involves fours or less operatives on site at any one time.

CDM Regulations apply to (A) any project lasting not longer than 30 days but five or more operatives working at any one time, (B) any project lasting longer than 30 days and (C) any project involving demolition or dismantling (except in a private house).

"The Code of Practice has a special legal status and if you are prosecuted for breach of health and safety law, and it is proved that you have not followed the relevant provisions of the Code, a court will find you at fault."

This may all sound somewhat alarmist, but providing the correct procedures are carried out for any 'notifiable' work and you should not encounter any future problems. However, it is essential you take further professional advice at the conception stage of your project, as the work has to be designed in accordance with the relevant clauses of the code.