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Do Construction Design and Management (CDM) Regulations Apply to Landscaping Projects?

If you’ve ever been involved with a building project - perhaps a house extension or a self-build, you’re probably already aware of The Construction Design and Management (2015) Regulations. Otherwise known as CDM Regulations. These are a set of government regulations created to help keep everybody safe on a construction site. 

In the eyes of the law, landscaping comes under the umbrella of construction and so yes, CDM Regulations DO apply to landscaping projects. 

What does that mean to the householder? Well, if you’re smart enough to hire an APL registered garden designer and/or landscaper, you can be confident that they’ll take care of making sure the project complies with CDM Regulations. If you are a self-builder however, it pays to familiarise yourself with your role under the CDM Regulations. 

CDM Regulations - What They’re for and Why They’re Important

The CDM Regulations are not there to be scary, stressful or to generate a whole lot of paperwork. But they do serve an important role, and that is to make sure nobody gets seriously hurt during a garden makeover. They’re basically a checklist to ensure you’ve done a thorough risk assessment and done everything you can to avoid accidents or injuries on site. 

If you are planning to involve an APL landscaper or garden designer in your garden makeover, you don’t need to fuss about details, but it is good to have a basic understanding of what the regulations mean to you and what your legal responsibilities are. 

In summary, the regulations are in place to help your project manager: 

  • Ensure that the garden can safely be designed, built and maintained  

  • Sensibly plan the work so the risks involved are managed from start to finish 

  • Prevent accidents and injuries on your property 

  • Have the right people for the right job at the right time 

  • Cooperate and coordinate your work with others 

  • Have the right information about the risks and how they are being managed 

  • Communicate this information effectively to those who need to know 

  • Consult and engage with workers about the risks and how they are being managed 

Adhering to the CDM Regulations  

UK law states that the householder is responsible for the safety of anybody on their property - whether they are invited to be there or not. However, under the CDM Regulations you can pass that responsibility on to the garden designer and/or contractor for the duration of your garden build.  

A garden makeover can (and usually does) involve moving heavy materials around the site, digging holes, working in all weathers, using power tools with very sharp blades, and many more potentially dangerous activities.  

Your garden designer and/or contractor should have plenty of experience of building gardens and already be very aware of any risks and how best to manage them. Which is why it’s easiest for you to delegate these responsibilities. 

As a householder, all you need to do is pen an email or a letter to your garden designer and your landscaper appointing them as Principal Designer or Principal Contractor as appropriate. 

It’s also important that you supply any pre-construction information to your designer or contractor such as where any underground gas, water or electricity pipes and cables might be, whether there are TPO’s (Tree Preservation Order) applied to any of the trees on your property or if there are any relevant planning restrictions they should know about.  These questions should all be addressed during the garden planning stage. 

Once they have been appointed, your Principal Designer and Principal Contractor will take care of every aspect of CDM Compliance, including: 

  • Risk assessments 

  • Creating and maintaining a health and safety file 

  • Ensuring that all professionals involved in the project are competent, knowledgeable and fully understand their job. 

  • Taking on-site measures to ensure everybody is kept safe (including the workforce, you, your family, your visitors, your pets, your neighbours, delivery people and even passers-by. 

In Summary

  • CDM (2015) Regulations apply to all landscaping works, including garden design. 

  • The regulations are in place to keep everyone on site safe and to avoid accidents and injuries 

  • APL registered garden designers and landscapers have a thorough understanding of the CDM (2015) Regulations and know how to ensure a project is compliant. 

  • Before starting a garden makeover project, householders should appoint a Principal Designer and a Principal Contractor in writing 

  • The Principal Designer and Principal Contractor will anticipate and mitigate against risks to health and safety during the project.