How does Construction (Design & Management) Regulations 2015 apply to Self Builders?

Everyone in the construction industry is obliged to comply with the Construction (Design and Management) Regulations 2015 (CDM 2015). These regulations set out what people involved in construction work need to do to protect themselves – and anyone the work affects – from harm. These regulations also apply to self builders although the degree to which they apply depends on the type of project.

If a self builder is building a home they will live in and it is not being constructed part of a business they are classed as a ‘domestic client’.

If the self builder is carrying out the work for a business purpose, or because they intend to sell the property on, they are not a ‘domestic client’ and the whole of CDM 2015 applies to them.

Self Build scenarios

  • The self builder does it all himself, employs no contractors, and uses the structure constructed as a home to live in afterwards. This will be a DIY project because no-one involved is ‘at work’ in the meaning of the Health and Safety at Work Act 1974
  • The self builder appoints an architect or designer as Designer or Principal Designer and that person or business to take on the client duties on behalf of the self builder. In this instance the Principal Designer may also be appointed as Principal Contractor. In this case the self builder has no legal duties beyond the appointment of Principal Designer and Principal Contractor
  • The self builder employs a contractor to carry out construction work, and then appoints that contractor as Principal Contractor. In this case the self builder again has no legal duties beyond the initial appointments of Principal Designer and Principal Contractor
  • The self builder acts as their own project manager, employing individual trades at different times. In this instance the self builder steps out of the DIY arena, because they are taking control of construction work. Where a self builder controls the way in which construction work is carried out, by a person at work, they must comply with Part 4 of CDM 2015  This requirement is set out in Regulation 16 of CDM 2015. The HSE will expect self builders to demonstrate sufficient health and safety capability to meet the requirements of the regulations.  Individual contractors will be expected to advise the self builder on specialist matters within their own work activities. HSE’s expectation of a self builder in this position will be one of co-ordination and management, not of direct supervision of contractors on site. The self builder is entitled to expect contractors to plan, manage and monitor their own work in compliance with CDM 2015.

If you need health and safety advice visit https://acornhealthandsafety.co.uk/ or contact us at info@acornhealthandsafety.co.uk or on 01604 930380.

Need help with Health and Safety? Request a call back!

Request a call back from one of our expert Health and Safety Consultants who can help you whatever your health and safety, CDM or fire risk needs.

More Health and Safety Articles & News

Don’t cut Health and Safety corners

By Ian Stone | 23rd February 2021

One of the biggest threats to workplace Health and Safety in this country is apathy. It’s not fair to say, in the majority of cases, that company bosses and managers don’t care about the safety of their workforces and subcontractors however, all too often health and safety matters are left to slide. When bosses are …

Read moreDon’t cut Health and Safety corners

Does your business need to consider Health and Safety law?

By Neil Munro | 19th February 2021

So, today we have a question for you. Do you know what a nursing home, yoghurt manufacturer, theme park, housing association, recycling company, a senior school and a logistics firm all have in common? The answer is they’ve all been fined for health and safety breaches during the past three months. Altogether, they have faced …

Read moreDoes your business need to consider Health and Safety law?

CDM regulations

CDM regulations how seriously should constructors take them?

By Ian Stone | 9th February 2021

In last week’s blog we revealed details of a very sad case in which a sub-contractor suffered serious injuries when a stack of plasterboards fell on him at a construction site he was working on in Surrey in breach of the CDM regulations. The case illustrated not only the dangers facing workers on construction sites …

Read moreCDM regulations how seriously should constructors take them?

Risks on construction

Are you taking risks on your construction site?

By Neil Munro | 2nd February 2021

The Health and Safety Executive (HSE) recently revealed the details a sad case in which a sub-contractor suffered serious injuries when a stack of plasterboards fell on him at a construction site he was working on in Surrey. The sub-contractors were moving sheets of plasterboard weighing 32kg each from the ground floor to the second …

Read moreAre you taking risks on your construction site?

health and safety breaches

Will new HSE director mean more prosecutions for Health and Safety breaches?

By Ian Stone | 26th January 2021

Last month, the HSE began the search for its new Director of Legal Services. This is interesting because this is a brand new position that has been created at the organisation following the HSE’s recent Chief Executive-led review. The HSE said the new role was pivotal and would contribute to directly to public confidence in …

Read moreWill new HSE director mean more prosecutions for Health and Safety breaches?

covid health and safety

Would your firm pass a Covid Health and Safety spot check?

By Neil Munro | 19th January 2021

Businesses have had a lot to contend with once again in recent weeks. Whilst some businesses are continuing their normal day-to-day operations as best they can others have had to temporarily close their workplaces once more or manage staff working from home. Whatever group your business falls into it’s essential that you carry out appropriate …

Read moreWould your firm pass a Covid Health and Safety spot check?

positive health and safety

Create a positive Health and Safety culture at your workplace in 2021

By Ian Stone | 12th January 2021

It’s that time of year again when we’re either congratulating ourselves on still keeping up with our New Year’s Resolutions or quietly hoping that no one else will notice we’ve already let them slide. Maybe being stuck indoors a lot recently has made you determined to get more exercise this year or maybe you want …

Read moreCreate a positive Health and Safety culture at your workplace in 2021

keeping safe during lockdown

Keeping you safe during lockdown

By Neil Munro | 7th January 2021

For many businesses the introduction of another national lockdown earlier this week was a bitter pill to swallow. It’s disheartening to know that so many businesses have had to close their doors once again as the country battles to halt the latest rise in Coronavirus cases. However, we are aware that many of our colleagues …

Read moreKeeping you safe during lockdown

health and safety breaches 1

We can protect you from Health & Safety breaches

By Ian Stone | 29th December 2020

We all know Health & Safety is a serious matter but all too often company bosses treat the subject with a sense of weariness or complacency. When directors are trying to juggle the complexities of running their day-to-day operation whilst managing their strategic goals, Health & Safety can easily become something that slips off their …

Read moreWe can protect you from Health & Safety breaches

health and safety rules post brexit

What will Health & Safety rules look like after Brexit?

By Neil Munro | 22nd December 2020

We’ve heard a lot of talk in recent weeks and months about Health & Safety laws will look like in the UK post-Brexit. Some people are under the impression that with the end of our relationship with the EU that the Health and Safety rules that we live by will get thrown out the window. …

Read moreWhat will Health & Safety rules look like after Brexit?