The Construction (Design and Management) Regulations 2015 (SI 2015/51) (CDM 2015) are a key piece of legislation affecting the construction industry and applies to all projects, regardless of when they commenced. The CDM 2015 came into effect on 6 April 2015 and included limited transitional provisions for projects in progress at that date.
Under Regulation 5 of the CDM 2015, a [principle] designer must be appointed. The principal designer must be a designer with control over the pre-construction phase of a project. One transitional provision allowed an existing CDM coordinator to continue working on a project, with no need to formally appoint a principal designer, until 6 October 2015. This means that a developer has until that date to formally appoint a principal designer under the CDM 2015. Failure to do so means that the developer must carry out the duties of a principal designer under the CDM 2015 provisions, therefore, as we approach the 6 October 2015, clients must be reminded that a principal designer should be appointed for ongoing projects that shall not complete prior to that date.

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