A question we often get asked is whether the CDM regulations apply to none notifiable projects.
Construction projects that do not meet the CDM notification thresholds do not need to be notified to the HSE and are often referred to as non-notifiable.
But what does that mean for the CDM regulations?
If the project does not meet the notification thresholds, does CDM apply at all?
Yes, it does.
In fact, other than not needing to notify the HSE, all of CDM applies in full.
This is an important difference from the 2007 version of the Regulations. While CDM would still apply, there were some exemptions for non-notifiable projects, for example a construction phase plan did not need to produced and the roles of CDM coordinator and Principal Contractor did not need to be appointed.
But that was the old version of CDM.
Under CDM 2015 the construction phase plan needs to be produced on every project, regardless of size, duration, or notification status.
Under CDM 2015, you must appoint a Principal Contractor on every project with more than one contractor (including subcontractors) even if it’s just for one day. The same applies to the Principal Designer role.
The only duty you don’t need to carry out if the project is under the notification thresholds, is that you don’t need to notify the HSE.
6.—…(2) Where a project is notifiable, the client must give notice in writing to the Executive as soon as is practicable before the construction phase begins.
(3) The notice must—(a)contain the particulars specified in Schedule 1;(b)be clearly displayed in the construction site office in a comprehensible form where it can be read by any worker engaged in the construction work; and(c)if necessary, be periodically updated.
So, the notice does not need to be issued to the HSE, and the notification does not need to be displayed or updated.
If you are unsure of the notification thresholds (and they have changed slightly in the 2015 version of the regulations), check out our blog post on how to calculate if your construction project is CDM notifiable.
But remember, even if your project is non-notifiable, other than Regulation 6 (notification), CDM will still apply.