Who is the Client on a Project according to CDM regs?
The Client is anyone who has construction work carried out for them. The main duty for clients is to make sure their project is suitably managed, ensuring the health and safety of all who might be affected by the work, including members of the public. CDM 2015 recognises two types of client:
- commercial clients have construction work carried out as part of their business. This could be an individual, partnership or company and includes property developers and companies managing domestic properties
- domestic clients have construction work carried out for them but not in connection with any business – usually work done on their own home or the home of a family member. CDM 2015 does not require domestic clients to carry out client duties as these normally pass to other dutyholders.
Where the Client is a domestic client the duties in regulations 4(1) to (7) and 6 must be carried out by
(a) the Contractor for a project where there is only one contractor;
(b) the Principal Contractor for a project where there is more than one contractor; or
(c) the Principal Designer where there is a written agreement that the principal designer will fulfil those duties.
If a domestic client fails to make the appointments required by regulation 5
(a) the designer in control of the Pre-Construction Phase of the project is the principal
(b) the contractor in control of the construction phase of the project is the principal
(c) Regulation 5(3) and (4) does not apply to a domestic client.
The previous, 2007 version of the CDM Regulations exempted domestic clients from most CDM obligations. The 2015 CDM Regulations removed this exemption but transferred the client’s obligations to
(a) the contractor on a single contractor project or to
(b) 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’s duties. In Mosaic, the Principal Designer can take on the Duties as Client when they create the project.