If you are involved in a construction project in Northern Ireland, the Construction (Design and Management) Regulations (Northern Ireland) 2016 (CDM (NI) 2016) set out the legal duties for managing health and safety risks. These regulations apply to all construction work, from major building projects to smaller refurbishment and maintenance work.
CDM (NI) 2016 closely mirrors the CDM Regulations 2015 that apply in Great Britain, but it is a separate statutory rule (SR 2016/17) enforced by HSENI. The key practical difference is that notifications go to HSENI, not HSE.
Who has duties under CDM (NI) 2016
CDM (NI) 2016 places duties on five categories of duty holder. Each has specific responsibilities that cannot be delegated, although the practical work of fulfilling them can be shared.
Client
The person or organisation for whom the construction work is carried out. Clients must make suitable arrangements for managing the project, including ensuring that other duty holders are appointed, sufficient time and resources are allocated, and relevant information is provided. Domestic clients (private householders) have duties automatically transferred to the contractor or principal contractor.
Principal designer
A designer appointed by the client on projects with more than one contractor. The principal designer plans, manages, monitors, and coordinates health and safety during the pre-construction phase. They must ensure designers comply with their duties and prepare the health and safety file.
Principal contractor
A contractor appointed by the client on projects with more than one contractor. The principal contractor plans, manages, monitors, and coordinates health and safety during the construction phase. They must draw up the construction phase plan, organise cooperation between contractors, and ensure suitable site inductions are provided.
Designers
Anyone who prepares or modifies designs for a building, product, or system relating to construction work. Designers must eliminate, reduce, or control foreseeable risks through their design decisions and provide information about remaining risks to other duty holders.
Contractors
Anyone who carries out, manages, or controls construction work. Contractors must plan, manage, and monitor their own work to ensure it is carried out safely, and must not begin work unless satisfied that appropriate welfare facilities are available.
When you must notify HSENI
You must notify HSENI before construction work begins if the project will:
- Last longer than 30 working days and have more than 20 workers on site at any one time; or
- Exceed 500 person days of construction work
Notification is made using the NI10 form, submitted to HSENI (not HSE). The client is responsible for ensuring notification is given, though they may ask the principal designer or principal contractor to submit it on their behalf.
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1. Identify your role under CDM (NI) 2016
Determine whether you are acting as client, principal designer, principal contractor, designer, or contractor. You may hold more than one role. Understand the duties attached to each role you hold.
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2. Appoint duty holders (if you are the client)
For projects with more than one contractor, appoint a principal designer and a principal contractor in writing. Appointments must be made as early as possible and before the construction phase begins. Check that your appointees have the skills, knowledge, experience, and organisational capability for the role.
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3. Check whether notification is required
Calculate whether the project exceeds the notification thresholds (30 days with 20+ workers, or 500 person days). If in doubt, notify. HSENI does not charge for notifications.
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4. Submit the NI10 notification to HSENI
Use the HSENI online notification service for new construction projects. Include the project address, client details, principal designer and principal contractor details, planned start and end dates, and the estimated maximum number of workers on site.
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5. Prepare pre-construction information
The client must provide pre-construction information to every designer and contractor as soon as practicable. This includes information about the existing site (surveys, asbestos reports, existing services), the proposed project, and any relevant previous construction health and safety files.
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6. Produce the construction phase plan
The principal contractor (or sole contractor on single-contractor projects) must prepare a construction phase plan before the construction phase begins. The plan must set out how health and safety risks will be managed during construction, including site rules, arrangements for controlling specific risks, and emergency procedures.
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7. Compile the health and safety file
The principal designer must prepare and update the health and safety file throughout the project. This file contains information needed for future construction work, cleaning, maintenance, or demolition. It must be handed to the client at project completion.
What happens next
Keep the health and safety file available for future reference. If you sell the property, the file should be passed to the new owner. If further construction work is carried out, the file must be made available to the designers and contractors involved.
HSENI carries out inspections of construction sites and may ask to see your NI10 notification, construction phase plan, and evidence that duty holders have been properly appointed. Non-compliance with CDM (NI) 2016 can result in improvement notices, prohibition notices, or prosecution.