Health & Safety

HSE have provided the following self-build health and safety guidance (produced March 2012) as a result of work undertaken by Self-Build Zone as part of its contribution to the action plan to promote the growth of self-build housing produced by the self-build government-industry working group in July 2011. It’s designed to demonstrate to the self-builder the importance of the health and safety policies and where their responsibilities lie.

Practical guidance on construction health and safety and how to control the risks that arise from construction work can be found on the HSE Website .

How does workplace Health & Safety law apply to Self Build?

Health & safety law should not discourage people from undertaking self build projects if they feel they have the necessary skills, knowledge and understanding of construction processes and self-build health and safety. However, construction is high risk work and each year more than 50 people are killed and many thousands seriously injured. Small sites account for up to three quarters of these incidents.

Self builders will have duties under workplace health and safety law if:

a) they intend to sell the property on completion, in which case they would be considered to be a developer

b) the self builder directly employs (even if only temporarily), workers to build the property

c) they choose to manage the project taking on contractors to do the work

The Construction (Design and Management) Regulations 2015 (CDM) place duties on all those in the construction supply chain including the client, designers and contractors. Many of the regulations only apply to those who carry out the work as part of a business, so (a) above would be considered a business. However, some of the regulations also apply to anyone who has control over the way in which construction work is carried out and this will include those self builders who fall into b) and c) above.

The self-builder who takes on the project management role would have duties to ensure:
health and safety policies are followed properly throughout the project activities are coordinated to ensure the work is done safely contractors they appoint are competent to do the work safely, and those working on site cooperate with each other.

Practical guidance on how to manage a construction site and control the risks that arise from construction work can be found on the HSE Website at www.hse.gov.uk/construction

Where the self-builder employs workers, there will be some additional duties such as obtaining Employers’ Liability compulsory insurance and the duty to control the risks that arise from the construction work.

There are a number of well known duties under CDM which are not required of self builders

There is no requirement to notify HSE of the project

A CDM Coordinator need not be appointed

A Self-Build Health & Safety plan does not have to be prepared

A Self-Build Health & Safety file does not have to be prepared for the completed structure/building

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Self Build Category

	Description	Application of Health & Safety of Work Legislation
Level 1 - Entirely DIY	All work is undertaken by the self builder	Provided that the self builder does not plan to sell the property on completion the legislation will not apply
Level 2 - Self-managed with own labour and subcontractors	Here the self-builder is undertaking aspects of the work in a DIY fashion, interspersing this with hiring and managing subcontractors	The self builder will be exercising control and the legislation will apply. Where the self builder employs labour they will attract additional duties for their employees
Level 3- Self-managed with subcontractors	In many ways similar to Levels 4 and 5, but without a superstructure contractor. Essentially, the self-builder has to arrange all the trades throughout the job	The self builder will be exercising control and the legislation will apply
Level 4 - Kit home with self-managed trades	In many ways similar to Level 5, this is the route chosen by most people who purchase a timber frame kit from a UK supplier. The kit home supplier is usually responsible for managing the design issues, supplying and erecting the superstructure, but the self-builder is responsible for organising the ground works and finishing trades	The self builder will be exercising control and the legislation will apply at the point at which either the kit supplier has completed their work and handed the site over or the when the self builder or his contractors begin work on site
Level 5 - Watertight shell with self-managed finished	A builder is contracted to erect the house to watertight shell stage, at which point the project is handed over to the self-builder who manages the finish trades directly with subcontractors	The self builder will be exercising control and the legislation will apply at the point at which either the contractor has completed their work and handed the shell/site over or the when the self builder or his contractors begin work on site
Level 6 - Turnkey project with active client	Here a self-builder hires a builder to undertake the whole process, either under a fixed price contract with extras, or on a labour and materials basis	The legislation will not apply to the self builder
Level 7 - Custom homebuilding	Also known as a turnkey build (because you don’t have to do anything other than turn the key in the front door upon completion), custom homebuilding is common in other countries, but remains unusual in the UK. Where you do see it, it tends to be seen as a very upmarket option, either delivered by an architect with builders working under contract, or by a kit home supplier, often German or Swedish in origin	The legislation will not apply to the self builder

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Self-Build Zone is a trading style of Sennocke International Insurance Services Limited. Sennocke International Insurance Services Limited is authorised and regulated by the Financial Conduct Authority, No. 309040, and registered in England and Wales, No. 02489110. Registered office: 6 Pembroke Road, Sevenoaks, Kent, England, TN13 1XR.