What is construction work under CDM 2015?

Understanding that definition matters because CDM applies to projects that include, or are intended to include, construction work. A job does not have to be large, complex or notifiable to fall within the Regulations.

How does CDM 2015 define construction work?

Regulation 2 defines construction work as the carrying out of any building, civil engineering or engineering construction work. It then gives a detailed list of activities that are included within that definition. Read Regulation 2 on legislation.gov.uk: definition of construction work (opens in a new tab)

The list is deliberately broad. It captures work carried out to create a structure, alter it, keep it in use, take it out of use or remove it, as well as work on services that are normally fixed within or to a structure.

What activities count as construction work?

Construction work under CDM 2015 includes the following types of activity:

• Construction of a new building, structure or engineering asset.
• Alteration, conversion or fitting out of an existing structure.
• Commissioning, renovation, repair, upkeep, redecoration and other maintenance.
• Certain cleaning activities where high-pressure water, abrasive methods, corrosive substances or toxic substances are used.
• Decommissioning, demolition or dismantling of a structure.
• Site clearance, exploration, investigation and excavation carried out in preparation for an intended structure.
• Preparing a site or structure for use or occupation when the work concludes.
• Assembly on site of prefabricated elements to form a structure, and their disassembly where they previously formed a structure.
• Removal of structures, products or waste resulting from demolition, dismantling or disassembly.
• Installation, commissioning, maintenance, repair or removal of fixed mechanical, electrical, gas, compressed-air, hydraulic, telecommunications, computer or similar services.

Read Regulation 2 on legislation.gov.uk: definition of construction work (opens in a new tab)

Does maintenance count as construction work?

Yes. Maintenance is expressly included in the definition. This is one of the most common areas of misunderstanding, because maintenance may be treated operationally as ‘business as usual’ even though the work itself falls within CDM.

Examples can include repair or replacement of building fabric, roof works, work on fixed plant, and maintenance of services that are normally fixed within or to a structure. Whether a particular task is construction work depends on what is actually being done.

Do refurbishment and fit-out projects count?

Yes. Alteration, conversion, fitting out and renovation are all included. A commercial office fit-out, shop refurbishment, building alteration or similar project can therefore be a construction project under CDM even where no new building is being created.

Do electrical, telecoms and other building services count?

They can. The definition specifically includes the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed-air, hydraulic, telecommunications, computer or similar services where those services are normally fixed within or to a structure.

This is particularly important for organisations that do not think of themselves as working in ‘construction’. Projects involving fixed power systems, communications infrastructure, security systems, building controls or similar services may still fall within CDM.

Does demolition and dismantling count?

Yes. Decommissioning, demolition and dismantling are expressly included. The definition also captures removal of structures and the removal of products or waste resulting from demolition, dismantling or the disassembly of prefabricated elements.

Does site preparation count as construction work?

A range of preparatory activities can count. Regulation 2 includes site clearance, exploration, investigation and excavation carried out in preparation for an intended structure.

There are important limits. The legal definition excludes a site survey from the listed investigation activity, and it also specifically excludes pre-construction archaeological investigations. Read Regulation 2 on legislation.gov.uk: definition of construction work (opens in a new tab)

What is not included in the CDM definition?

The definition does not cover every activity that happens on or around a site. The Regulations specifically exclude exploration for, or extraction of, mineral resources and preparatory activities carried out at a place where that exploration or extraction takes place. Read Regulation 2 on legislation.gov.uk: definition of construction work (opens in a new tab)

The definition also distinguishes certain preliminary activities, such as a site survey and pre-construction archaeological investigations, from construction work. That does not mean those activities are free from health and safety law; it means they are not brought within CDM solely by this definition.

What counts as a ‘structure’ under CDM?

CDM also uses a broad definition of ‘structure’. It is not limited to buildings. The Regulations refer to assets such as roads, bridges, tunnels, railways, pipelines, cables, sewers, reservoirs, masts, towers, pylons, earth-retaining structures and fixed plant, among many others. Read Regulation 2 on legislation.gov.uk: definition of structure (opens in a new tab)

This is why CDM can apply across sectors including utilities, telecommunications, transport, energy and infrastructure as well as conventional building projects.

Does the size of the job matter?

No. There is no minimum project value, duration or headcount that decides whether an activity is construction work. If the project includes construction work, CDM may apply even if the job is short, low-value or completed by a single contractor.

This should not be confused with the separate thresholds used to decide whether a project is notifiable to HSE. A project can be within CDM without being notifiable.

How does this affect a project in practice?

Once a project includes construction work, the CDM framework applies to the project as a whole from concept to completion, subject to the way particular provisions are written. That means duty holders should identify the project structure early, make any required appointments, provide relevant pre-construction information and ensure a construction phase plan is prepared before construction work starts. HSE L153 guidance: Managing health and safety in construction, guidance on Regulations 2 and 3, PDF (opens in a new tab)

The exact duties then depend on who is involved, whether there is more than one contractor, and whether the client is commercial or domestic.

Quick test: could this be construction work?

Ask whether the proposed work involves any of the following:

• Building, altering, converting or fitting out a structure.
• Repairing, maintaining, refurbishing or redecorating a structure.
• Demolishing, dismantling or decommissioning a structure.
• Preparing land or a structure for construction or occupation.
• Excavation or site clearance connected with an intended structure.
• Assembling or disassembling structural or prefabricated elements on site.
• Installing, commissioning, maintaining, repairing or removing fixed building or engineering services.
• Removing structures or waste arising from demolition, dismantling or structural disassembly.

If the answer is yes, the work may fall within the CDM definition. The next step is to consider how the Regulations apply to the project, rather than assuming that a small or routine job sits outside CDM.

Common mistakes when deciding whether work is covered by CDM

Assuming CDM only applies to major construction sites

The definition covers a wide range of repair, maintenance, refurbishment and installation activities.

Treating maintenance as automatically outside CDM

Maintenance is specifically included in the definition of construction work.

Assuming a single-contractor job is outside CDM

The number of contractors affects the duty-holder structure, not whether the work is construction work.

Confusing CDM scope with F10 notification

Notification thresholds are separate from the question of whether CDM applies.

Thinking fixed services are not construction work

Work on fixed electrical, telecommunications and other specified services can be included.