No civil liability for breach of CDM Regulations

Civil liability for breaches of the Construction (Design & Management) Regulations 2007 (“CDM Regulations”) has been abolished as of 1 October 2013. Although there was not previously a general right of civil action in respect of breaches of the CDM Regulations there were a limited number of circumstances giving rise to civil liability. One example being where the person bringing the action was an employee of the CDM dutyholder. Breaches of certain CDM Regulations, such as the Client’s and Contractor’s duty to meet site welfare requirements, also permitted a right of civil action. These exceptions to the general rule of no civil liability were permitted by Regulation 45 of the CDM Regulations. Regulation 45 was repealed with effect from 1 October 2013, bringing an end to the limited right to civil action for breaches of the CDM Regulations.