CDM Client Duties Under CDM 2015

Under the Construction (Design and Management) Regulations 2015, the client holds the most important role in the duty holder hierarchy. As the person or organisation commissioning construction work, you have legal duties that cannot be delegated or transferred. Understanding and fulfilling these duties is essential for legal compliance and ensuring construction work is carried out safely.

Who is the client under CDM 2015?

The client is defined in CDM Regulation 2 as:

"Any person for whom a project is carried out."

In practical terms, the client is the person or organisation commissioning or procuring the construction work.

Identifying the client

You are the client if:

• You're commissioning construction work on property you own
• You're a tenant commissioning work you're contractually responsible for
• You're procuring construction work for your organisation
• You're developing a property for sale or investment
• You're a landlord commissioning work on rental properties
• You're a property manager acting with authority on behalf of the owner

You are NOT the client if:

• You're hired to manage the project on someone else's behalf (you may be acting as the client's agent, but the client remains the client)
• You're a contractor carrying out work
• You're providing professional services (design, surveying, etc.) but not commissioning the overall work

Commercial vs domestic clients

Commercial client:

Any person or organisation carrying out construction work as part of a trade, business, or undertaking (whether for profit or not).

Examples:

• Limited companies commissioning work on business premises
• Sole traders improving their business properties
• Partnerships building new facilities
• Public sector organisations (councils, NHS trusts, schools)
• Charities commissioning construction work
• Landlords commissioning work on rental properties
• Property developers (even if developing residential properties)

Commercial clients have full CDM duties - none of which can be delegated or transferred.

Domestic client:

A person having construction work carried out on their own home (or the home of a family member) that is not connected with any business or trade.

Examples:

• Homeowners building an extension on their residence
• Homeowners having a loft conversion for personal use
• Homeowners having a new kitchen or bathroom installed
• Homeowners commissioning repair or renovation work

Domestic clients have most of their CDM duties automatically transferred to contractors or principal duty holders.

Multiple clients

In some projects, there may be more than one client (for example, joint venture partners or multiple property owners).

When there are multiple clients, they can either:

1. Each fulfil their client duties individually, or
2. Agree in writing that one of them will fulfil the client duties on behalf of all

If option 2 is chosen, the arrangement must be documented in writing, but all clients remain legally responsible if duties are not fulfilled.

Domestic client provisions

Regulation 7 makes special provision for domestic clients, recognising that homeowners are not typically equipped to fulfil technical CDM duties.

How duties transfer

On non-notifiable projects: All client duties transfer to the contractor carrying out the work.

If there are multiple contractors, the duties transfer to each contractor in relation to the work they control.

On notifiable projects: Client duties transfer to:

• The Principal Designer for duties related to the pre-construction phase
• The Principal Contractor for duties related to the construction phase

What domestic clients should still do

Even though duties transfer, domestic clients should:

1. Check competence - Ask about qualifications, experience, and insurance before appointing contractors
2. Allow adequate time - Don't impose unrealistic deadlines that could compromise safety
3. Provide information - Share any information you have about hazards (asbestos, structural issues, previous modifications)
4. Get written agreements - Ensure contracts clearly set out what's being done and who's responsible
5. Check basic arrangements - Confirm contractors have insurance, risk assessments, and appropriate safety measures

Landlords and domestic clients

This is a common area of confusion:

Landlords are commercial clients, not domestic clients, because:

• Renting property is a business activity
• It doesn't matter if the property is residential
• It doesn't matter if you only have one rental property
• It doesn't matter if rental income is small

If you're a landlord commissioning construction work on a rental property, you have full CDM client duties.

Client duties overview

Regulation 4 sets out the core client duties. These apply to all commercial clients and cannot be delegated.

The client must:

1. Make suitable arrangements for managing the project (Regulation 4(1))
2. Appoint other duty holders where required (Regulations 5 and 6)
3. Provide pre-construction information (Regulation 4(4))
4. Ensure there are adequate welfare facilities (Regulation 4(6))
5. Ensure the construction phase plan is prepared before work starts (Regulation 4(5))
6. Ensure the health and safety file is prepared, reviewed, updated, and handed over (Regulation 4(9))
7. Take reasonable steps to ensure duty holders comply (Regulation 4(7))
8. Provide sufficient time and resources (Regulation 4(2))

Make suitable arrangements for managing the project

Regulation 4(1) requires clients to make suitable arrangements for managing the project, including:

• Allocating sufficient time and resources
• Making sure duty holders are appointed before they are needed
• Ensuring work at each stage is carried out so far as reasonably practicable without risks to health and safety

What this means in practice

Before the project starts:

• Plan the project timeline with realistic durations for each phase
• Budget adequately for health and safety (design, coordination, welfare facilities)
• Identify when duty holder appointments need to be made
• Consider health and safety risks and how the project structure will manage them

During the project:

• Maintain appropriate oversight (or appoint someone to do so on your behalf)
• Monitor that duty holders are fulfilling their responsibilities
• Don't impose changes that would compromise health and safety
• Ensure adequate resources remain available if scope or circumstances change

Key indicators of suitable arrangements:

• Clear project governance structure
• Defined roles and reporting lines
• Duty holders appointed at appropriate times
• Regular communication between duty holders
• Documentation of key decisions and arrangements
• Adequate budget for safe delivery
• Realistic programme allowing for proper planning

Appointing duty holders

On projects with more than one contractor, clients must appoint:

• A Principal Designer (to manage health and safety during the pre-construction phase)
• A Principal Contractor (to manage health and safety during the construction phase)

When appointments are required

You must appoint Principal Designer and Principal Contractor if:

• The project will involve more than one contractor at any point, AND
• The project is notifiable (more than 30 working days or 500 person days)

Example scenarios:

Appointing the Principal Designer

When to appoint: As soon as practicable after you know enough about the project to appoint someone suitable, and before design work starts.

Who can be appointed: Any organisation or individual with the necessary skills, knowledge, and experience. Typically:

• Architects
• Structural engineers
• Building surveyors
• Specialist CDM consultants
• Multi-disciplinary design practices

The Principal Designer must have:

• Understanding of construction health and safety
• Knowledge of design processes and construction methods
• Ability to coordinate and influence others
• Technical knowledge relevant to the project

They cannot be:

• The same organisation as the Principal Contractor
• Someone without adequate knowledge of construction health and safety

Formal requirements:

• Appointment must be in writing
• Must be made before the person begins carrying out the role
• Should clearly define scope, responsibilities, and authority

Appointing the Principal Contractor

When to appoint: Before the construction phase begins.

Who can be appointed: Any organisation or individual with the necessary skills, knowledge, and experience to manage construction health and safety. Typically:

• Main contractors
• Construction management companies
• Developer's own construction division (if appropriately experienced)
• Specialist contractors (for specialist projects)

The Principal Contractor must have:

• Experience managing construction sites
• Understanding of construction health and safety management
• Ability to plan, coordinate, and control construction work
• Competence to prepare and implement Construction Phase Plans
• Authority to manage contractors and enforce site rules

They cannot be:

• The same organisation as the Principal Designer
• Someone without adequate construction health and safety management experience

Formal requirements:

• Appointment must be in writing
• Must be appointed before construction phase begins
• Construction cannot start until appointment is made
• Should clearly define responsibilities and authority

Single contractor projects

If there is only one contractor carrying out all the work, you do not need to appoint Principal Designer or Principal Contractor.

However, health and safety still needs to be managed:

• The designer must still carry out their CDM designer duties
• The contractor must plan, manage, and monitor their work
• The client must still provide pre-construction information
• A construction phase plan is still needed (prepared by the contractor)
• A health and safety file is still needed (prepared by the designer or client)

Pre-construction information duty

Regulation 4(4) requires clients to provide pre-construction information as soon as practicable to every designer and contractor appointed to the project.

What is pre-construction information?

Information already in the client's possession (or which is reasonably obtainable) that is relevant to health and safety, including:

About the site:

• Site location, access, and boundaries
• Existing services (electricity, gas, water, telecoms, drainage)
• Ground conditions and contamination
• Previous uses of the site
• Adjacent properties and activities

About existing structures:

• Structural information and load-bearing elements
• Hazardous materials (asbestos, lead, other contaminants)
• Previous modifications or alterations
• Fragile materials (roof lights, fragile roofing)
• Access equipment needed for maintenance or work

About the project:

• Client's requirements and design brief
• Proposed timescales
• Arrangements for managing the project
• Welfare facilities that will be provided
• Overlap with client's ongoing operations

Surveys and investigations:

• Asbestos surveys (refurbishment/demolition)
• Structural surveys
• Ground investigation reports
• Ecological surveys
• Utility searches

Why pre-construction information matters

Designers and contractors cannot properly assess and manage risks if they don't know what they're dealing with. Pre-construction information allows:

• Designers to make informed design decisions
• Contractors to plan work safely
• Realistic pricing (avoiding cost increases from unexpected hazards)
• Proper resource allocation
• Identification of specialist requirements

When to provide it

"As soon as practicable" means:

• To designers: before they start design work
• To contractors: before they tender or start work
• Updated throughout: if new information emerges

For tender purposes, it should be provided with the tender documents so contractors can price the work properly and plan their approach.

What if the client doesn't have the information?

The duty is to provide information the client has or which is "reasonably obtainable".

Clients should take reasonable steps to gather relevant information, which may include:

• Searching existing property records
• Commissioning surveys (asbestos, structural, ground investigation)
• Reviewing planning and building control records
• Consulting utility companies
• Asking occupants or previous owners

The level of investigation should be proportionate to the project risks and complexity.

Health and Safety File duty

Regulation 4(9) requires clients to ensure the Health and Safety File is prepared, reviewed, updated, and then retained.

What the client must ensure

During the project:

• The file is prepared (by the Principal Designer or designer)
• It contains appropriate information about health and safety risks
• It's proportionate to the project
• It's in a format that can be easily reviewed and updated

At project completion:

• The file is handed over to the client
• It's reviewed to ensure it's suitable
• Any obvious gaps or deficiencies are raised with the Principal Designer

After the project:

• The file is kept available for anyone who needs it for future construction work
• It's updated when further construction work is carried out
• If the property is sold or transferred, it's passed to the new owner

What should be in the Health and Safety File?

The file should contain information needed to plan future construction work safely:

Essential information:

• Brief description of work carried out
• Residual hazards and how they should be managed
• Key structural principles (load-bearing elements, structural stability)
• Hazardous materials (asbestos, lead, specialist coatings)
• Information about significant services (gas, electricity, high-voltage, refrigeration)
• Lifting equipment and lifting operations information
• Arrangements for safe access and safe systems of work for future maintenance

Also consider including:

• As-built drawings showing significant changes
• Design information relevant to future work
• Details of equipment requiring ongoing maintenance
• Operating instructions for installed systems
• Structural design calculations if relevant to future work

Should NOT include:

• Construction phase plans (unless relevant to future work)
• Project management correspondence
• Routine maintenance schedules that pose no specific health and safety risks
• General building user information

Client's ongoing duty

The Health and Safety File is not filed away and forgotten. It must be:

• Readily available - kept where it can be accessed when needed
• Provided to contractors - shown to anyone carrying out construction work
• Updated - added to when further construction work is carried out
• Transferred - passed to new owners or tenants with control of the building

Many clients fail to realise this ongoing duty. The file should be treated as a living document that grows with the building.

What if there's no Health and Safety File?

For existing buildings where no file exists:

• You're not required to create one retrospectively
• But if construction work is carried out, a file should be created for that work
• The file then becomes an ongoing record for future work

If you're buying a property and no file is provided:

• There's no legal requirement for the seller to have created one (unless recent construction work was done under CDM 2015)
• You may want to commission surveys to gather information that would typically be in a file
• When you commission construction work, a file should be created

Checking competence and resources

Regulation 4(2) requires clients to take reasonable steps to ensure appointments are made only where the organisation or individual:

• Is competent to carry out the work
• Has (or can obtain) the resources needed to do the work without risk to health and safety

What competence means

Competence is a combination of:

• Skills
• Knowledge
• Training
• Experience
• Organisational capability

For CDM duty holders specifically, competence includes:

• Understanding of CDM requirements
• Understanding of construction health and safety risks
• Ability to recognise when they need specialist advice
• Capability to fulfil the specific duties of their role

How to check competence

The client must take "reasonable steps" to check competence. This doesn't mean becoming an expert yourself, but it does mean making appropriate enquiries.

For all appointments, consider:

1. Qualifications and memberships

   • Relevant professional qualifications
   • Membership of professional bodies
   • Industry accreditations

2. Experience

   • Experience on similar projects
   • Track record of successful delivery
   • References from previous clients

3. Understanding of role

   • Do they understand their CDM duties?
   • Can they explain their approach to managing health and safety?
   • Do they have appropriate procedures and systems?

4. Resources

   • Do they have sufficient staff for the project?
   • Do they have necessary equipment and facilities?
   • Do they have supply chain arrangements in place?
   • Is their capacity adequate?

5. Insurance

   • Professional indemnity insurance (for designers)
   • Public liability insurance
   • Employer's liability insurance
   • Appropriate levels of cover

6. Health and safety record

   • RIDDOR reportable incidents in last 3-5 years
   • HSE enforcement action
   • Health and safety policies and arrangements

For Principal Designer specifically:

• Evidence of CDM knowledge and experience
• Ability to influence and coordinate design
• Understanding of construction processes
• Examples of health and safety files prepared

For Principal Contractor specifically:

• Evidence of construction site management experience
• Examples of Construction Phase Plans prepared
• Systems for managing subcontractors
• Approach to worker engagement and consultation

Using competence questionnaires

Many clients use pre-qualification questionnaires (PQQs) to assess competence. These can be helpful but:

• Should be proportionate to the project risks and complexity
• Should focus on relevant competence, not just paperwork
• Should be followed up with conversations and checks
• Should not be a substitute for professional judgment

Reasonable steps

What's "reasonable" depends on:

• The complexity and risks of the project
• The type of appointment being made
• Information readily available
• What's proportionate to the project scale

For a small, low-risk project, reasonable steps might be:

• Checking references from previous clients
• Confirming relevant experience
• Verifying insurance
• Discussing their understanding of the work

For a large, complex, high-risk project, reasonable steps might include:

• Formal pre-qualification process
• Detailed competence assessment
• Site visits to previous projects
• Interviews with key personnel
• Review of safety performance data
• Third-party competence verification

Resources

Beyond competence, clients must ensure appointees have adequate resources:

Time:

• Sufficient programme duration for each phase
• Adequate periods for design, planning, and preparation
• No unrealistic deadline pressure

Money:

• Adequate budget for safe delivery
• Provision for health and safety measures
• Contingency for unforeseen issues

People:

• Sufficient staff allocated
• Appropriate supervision levels
• Specialist resources where needed

Equipment and facilities:

• Access to necessary equipment
• Welfare facilities provision
• IT and communication systems

What happens if the client doesn't appoint duty holders?

If the client fails to appoint a Principal Designer or Principal Contractor when required, the regulations provide default arrangements.

Default Principal Designer

Regulation 5(3): If the client fails to appoint a Principal Designer, the client takes on all Principal Designer duties.

This means the client must:

• Plan, manage, monitor, and coordinate health and safety in the pre-construction phase
• Coordinate designers and ensure they fulfil their duties
• Help gather and provide pre-construction information
• Identify, eliminate, or control foreseeable risks
• Liaise with the Principal Contractor
• Prepare the Health and Safety File
• Provide information for the Construction Phase Plan

In practice: Most clients do not have the competence or resources to fulfil Principal Designer duties. This is why the default is designed to incentivise proper appointment.

Default Principal Contractor

Regulation 6(4): If the client fails to appoint a Principal Contractor, the client takes on all Principal Contractor duties.

This means the client must:

• Plan, manage, monitor, and coordinate the construction phase
• Prepare the Construction Phase Plan
• Liaise with the Principal Designer
• Organise cooperation between contractors
• Ensure suitable site inductions
• Provide welfare facilities
• Prevent unauthorised site access
• Display the F10 notice
• Consult and engage with workers

In practice: Clients rarely have the capability to manage construction sites directly. The default provisions are a strong incentive for proper appointment.

Consequences of default appointments

If the client becomes Principal Designer or Principal Contractor by default:

1. Legal liability: The client is personally liable for fulfilling those duties
2. Prosecution risk: Failure to fulfil the duties can lead to prosecution
3. Practical difficulties: Most clients lack competence and resources to fulfil the roles
4. Insurance issues: Client's insurance may not cover acting as a duty holder
5. Project disruption: HSE can serve notices requiring proper arrangements

Can the client choose to take on these roles?

A client can theoretically appoint themselves as Principal Designer or Principal Contractor if they have the competence and resources.

However:

• The client must genuinely be competent to fulfil the role
• The appointment must be in writing
• The client is then subject to all the duties and potential enforcement
• There may be conflicts of interest or management challenges
• Professional indemnity insurance implications

In practice, this is rare and only appropriate where:

• The client is a construction or property development organisation
• They have in-house construction or design expertise
• They're actively involved in managing design or construction
• They have systems and resources to fulfil the duties properly

Client duties checklist

Use this checklist to ensure you're fulfilling your CDM client duties:

Before appointing anyone

• Identify that you are the client under CDM 2015
• Determine if you're a commercial or domestic client
• Establish if the project will involve more than one contractor
• Assess if the project is notifiable (30 days / 500 person days threshold)
• Plan project timeline with adequate durations for each phase
• Budget for health and safety (design coordination, construction management, welfare)

Making appointments

• Take reasonable steps to check competence of all appointees
• Ensure appointees have adequate resources for the work
• Appoint Principal Designer before design work starts (if required)
• Appoint Principal Contractor before construction starts (if required)
• Make all appointments in writing with clear scope and responsibilities
• Ensure appointees understand their CDM duties

Providing information

• Gather pre-construction information from existing records
• Commission necessary surveys (asbestos, structural, ground investigation)
• Provide pre-construction information to designers before design starts
• Provide pre-construction information to contractors before they tender/start work
• Update information if circumstances change during the project

Before construction starts

• Submit F10 notification to HSE (if notifiable) at least 2 weeks before construction
• Ensure Construction Phase Plan has been prepared
• Review Construction Phase Plan to confirm it's suitable
• Ensure adequate welfare facilities will be provided
• Confirm all appointments are in place and duty holders are ready
• Do not allow construction to start until arrangements are suitable

During construction

• Maintain oversight of the project (or ensure agent does so)
• Monitor that duty holders are fulfilling their responsibilities
• Ensure any changes don't compromise health and safety or remove adequate time/resources
• Ensure Principal Designer and Principal Contractor are liaising effectively
• Check Construction Phase Plan is being followed and updated as needed

At project completion

• Ensure Health and Safety File has been prepared
• Review Health and Safety File for completeness and suitability
• Raise any obvious gaps or concerns with Principal Designer
• Receive and retain the Health and Safety File
• Ensure the file is readily available for future use

Ongoing

• Keep Health and Safety File available for anyone carrying out future construction work
• Provide Health and Safety File to contractors undertaking future work
• Ensure Health and Safety File is updated when further construction work is carried out
• Pass Health and Safety File to new owner if property is sold or transferred

Common client mistakes

1. Assuming someone else is the client

If you're paying for the work and making decisions, you're almost certainly the client - even if you have a project manager or agent helping you.

2. Thinking CDM doesn't apply to small projects

CDM applies to all construction projects. The level of compliance is proportionate to the risk, but duties still apply.

3. Appointing duty holders too late

Principal Designer should be appointed before design starts. Principal Contractor must be appointed before construction starts. Late appointments create legal liability and practical problems.

4. Not checking competence properly

Accepting lowest price without checking whether the appointee is competent and has adequate resources often leads to poor project outcomes and safety failures.

5. Failing to provide pre-construction information

If you have information about hazards (especially asbestos) and don't share it, you're in breach of CDM and creating serious risks.

6. Allowing work to start without a Construction Phase Plan

This is a clear breach. The client must not allow construction to begin until a suitable plan is in place.

7. Not retaining the Health and Safety File

The file is a legal requirement and a practical necessity for future work. Losing it or filing it away inaccessibly defeats its purpose.

8. Imposing unrealistic timescales or budgets

Competent appointees can't fulfil their duties if denied adequate time and resources. Client pressure to cut corners can lead to prosecution of both client and contractors.

9. Believing duties can be delegated

You can appoint agents to help with tasks, but you cannot transfer or delegate your CDM duties. You remain legally responsible.

10. Forgetting about ongoing duties

CDM duties continue throughout the project and beyond. The Health and Safety File must be maintained and made available for future work.

Frequently asked questions

Next steps

Want to understand whether CDM applies to your specific project?

Do I need CDM? →

Need to understand what the Principal Designer actually does?

Principal Designer duties explained →

Want an overview of all CDM duty holders?

What is CDM? →

Related articles:

• What is CDM?
• Do I need CDM appointments?
• Principal Designer duties
• HSG150: Complete Guide to Construction Safety

Useful tools:

• CDM Checker
• Responsibility Checker