New’ish CDM Regulations

[DevilDamo]

I submitted a FP application to a LABC in January 2023. They are requesting that I, the client and contractor fill out the new “Notice of Completion by a person carrying out building work (England)” form. I told them this would not apply to our application as it was submitted prior to 1st October 2023 and works commenced prior to 6th April 2024 (the transition period). The LABC are not having it and say some ask for it and others don’t 🤔 So can somebody provide me with a link to said guidance?

[George]

It's not a CDM Regulations thing, it's a Building Regulations thing. 

 

It's a declaration to say you haven't knowingly cut corners and not met the Building Regulations. 

 

I agree your work should not need the form because it was submitted before 1st October 2023 and work started before 6th April 2024. (See Regulation 22(1)(b)(i) & 22(3)(a) of The Building Regulations etc. (Amendment) (England) Regulations 2023, which therein disapplies Regulation 6 of the said Regulation and that is the one that adds Regulation 16(5) to The Building Regulations 2010 ... phew)

 

 

Edited February 2 by George

[kandgmitchell]

I would agree with you. Regulation 22 of the Building Regulations etc (Amendment) (England) Regulations 2023 states that 

 

"The amendments made to the 2010 regulations made by the provisions listed in paragraph (2) do not apply to-

(a) building work which started before the regime start date (i.e 1st October 2023)

(b) building work in relation to which:

    (i) plans were deposited with a local authority pursuant to section 16 of the Act before the regime start date. 

 

Paragraph (2) says:

The provisions referred to in paragraph (1) are:-

 

(b) Regulation 6 (New part- duty holders and competance)

 

It is Regulation 6 which introduces a new requirement under 11Q (2) (d) for a client to provide a signed statement that the work is complete and to the best of their knowledge it complies with the regulations.

 

There is a long stop date for regulation 6 not to apply of 6th April 2024 for work to start.

 

Thus if Regulation 22 disallows Regulation 6 because the work started before October 2023 or plans were submitted before then and starts before 6th April 2024, then the new requirement for the statement doesn't apply.

[DevilDamo]

Thanks both. I’ve found a link…

 

https://www.legislation.gov.uk/uksi/2023/911/regulation/22/made

 

I’ll send this to the Head of Building Control on Monday.