Managing home construction projects

What is domestic construction?

Domestic construction is any building, repair, extension, or renovation work carried out for a domestic client.

A domestic client is an individual having work done on their own home (or a family member's home), provided the project is not related to any business activity. The distinction is important as different health and safety rules apply to domestic projects.

What is construction work?

The term ‘construction work’ is defined quite broadly under the Construction (Design and Management) Regulations 2015 (the CDM Regulations) to include all types of building work, civil engineering work or engineering construction work. This includes:

• building, making alterations, making conversions, fitting out, commissioning, renovating, repairing, upkeeping, redecorating, or other maintenance of a structure

• demolishing or dismantling structures

• preparing for an intended structure (including site clearance, exploration, and investigation)

• assembling or disassembling prefabricated elements that form a structure

In short, if you're a builder or other tradesperson working on a construction site, even a residential one, you're likely doing construction work.

What are the stages of construction work?

Every construction project follows a basic lifecycle. Understanding these phases helps you plan your work and manage your responsibilities effectively. At a very high-level overview, these phases will be:

The pre-construction phase

This is the period when any plans and preparations are made for the construction works, including:

• the creation and development of any designs

• material selection and possibly also procurement of materials

• obtaining any building works approvals or planning permissions, and 

• any other requirements that must be completed before the construction works can begin

The construction phase

This is the period which starts from when any of the construction works begin (typically in accordance with the terms of a Construction contract). The construction phase ends when the construction works are completed.

The post-construction phase

This period starts after the construction work is complete. It involves administrative and other services that need to be addressed before a construction project is fully completed. 

This phase focuses on ensuring the construction works are well and truly completed and addressing any outstanding issues. It involves activities like final inspections, addressing defects (ie punch list items), and ensuring the works have been completed in accordance with the original contract.

Who are the parties to a construction contract?

A Construction contract is the legal agreement that underpins the building work. While many people are involved in a project, the main contract is typically between two primary parties:

• the client - this is the person for whom the construction project is being carried out. In the context of domestic projects, the client is usually the homeowner

• the contractor - this is the business or individual responsible for carrying out and completing the physical construction work as detailed in the contract

Other key roles

Beyond the two main parties, other professionals play crucial roles. These can include:

• designers and architects - they are responsible for designing the project and producing the drawings and specifications that the contractor will build from. In a 'design and build' contract, the contractor also provides the design services

• subcontractors - the main contractor will often hire specialist tradespeople (eg electricians, plumbers, or plasterers) to carry out specific parts of the work. These are subcontractors. It is important to remember that your contract is with the main contractor, and you remain legally responsible for all work, including that done by your subcontractors

The roles above are present on almost every project. However, your legal duties under the CDM Regulations become more specific when more people are involved.

What if there is more than one contractor on a project?

The rules are more complex when more than one contractor is hired to complete a project (this includes subcontractors hired). Under the CDM Regulations, when more than one contractor is on a project, someone needs to act as both the principal designer and the principal contractor.

What is a principal designer?

The principal designer is responsible for planning, managing and coordinating the pre-construction phase. They must:

• co-ordinate with the principal contractor to help plan and monitor the construction phase

• develop the designs for the project construction works

• identify and mitigate foreseeable health and safety risks

• prepare a health and safety file

• account for all relevant health and safety information for the entire project, and

• provide the relevant project and legal information to the relevant managers

What is a principal contractor?

The principal contractor is responsible for planning, managing and monitoring the construction phase of the project. They must:

• coordinate with the client, principal designer and other contractors

• ensure health and safety requirements and systems are complied with on the site, and

• prepare a construction phase plan

What is a construction phase plan?

A construction phase plan is a key document that, under the CDM Regulations, must be made and updated as the project progresses. The construction phase plan must set out all the health and safety arrangements to be followed for the duration of the construction phase (ie when the construction works are being performed), as well as any site rules and distinct measures which all contractors and their staff must follow. Any risks that are listed under Schedule 3 of the CDM Regulations involved in the construction works must be detailed in this plan. For more information, read the Health and Safety Executive’s (HSE) guidance and template. 

What is a health and safety file?

A health and safety file is another key document required under the CDM Regulations; however, it only applies where more than one contractor is working on the project.

The principal designer is responsible for creating the health and safety file during the pre-construction phase, while the principal contractor is responsible for updating it throughout the construction phase.

The health and safety file needs to contain the most significant or unusual risks that may affect the project. It should detail how likely these risks are to occur and how they should be addressed by contractors on the project.

What are the general health and safety duties on site for domestic construction works?

Part 4 of the CDM Regulations sets out the health and safety obligations that must be followed when undertaking construction work. For domestic projects, contractors must ensure that:

• the construction site is a safe and secure place to work

• any permanent or temporary structures and supports are stable by taking all practicable steps

• any demolition or dismantling plans are recorded in writing, and the risk of danger is as low as reasonably possible

• any explosives being used are reasonably safe, and people are as protected as possible from flying debris

• the risk of drowning is reasonably prevented

• any vehicles used throughout the duration of the works (eg heavy load vehicles transporting materials) protect people’s safety

• the risk of fire, flooding and suffocation is reasonably prevented

• there are suitable fire detection and fire-fighting systems in place

• there is an appropriate amount of fresh air in circulation on the site, as determined by the works taking place

• there is suitable lighting for the construction works

• that there are an appropriate number of clear and safe emergency routes, and

•  the relevant practicable steps have been taken to protect the property and construction works from adverse weather and temperature conditions

Additionally, contractors should follow the general principles of prevention as defined under the Management of Health and Safety at Work Regulations 1999. For more information on the principles of prevention, read the HSE’s guidance on managing health and safety in construction.

Other general health and safety requirements that contractors, principal contractors and/or principal designers should be complying with throughout the project include:

• general employer healthy and safety obligations

• conducting general risk assessments and fire risk assessments

• the control of hazardous substances (COSHH) rules

• accident reporting processes

What are the client's duties on a domestic project?

Domestic clients are treated as consumers. Under the CDM Regulations, their legal duties for managing health and safety on the project are automatically passed to the professionals they hire. This means that on any project with more than one contractor, these responsibilities will typically fall to the principal contractor.

However, the client does retain some key responsibilities. They must:

• make a reasonable choice when appointing a contractor they believe is competent to do the work safely

• provide relevant information they have about the property that is crucial for health and safety (eg the location of known asbestos, hidden utilities, or previous structural issues)

• ensure any necessary planning permission, building regulations approval, or party wall matters are addressed and in place

• co-operate with the contractor(s) throughout the project to help maintain a safe site

• comply with the terms of their Construction contract

In short, while the contractor manages the health and safety on site, the client is responsible for providing the key information and approvals needed to allow the work to proceed safely and legally.

Construction projects, however small, can create real risks. Understanding your responsibilities under the CDM Regulations can help keep everyone safe and reduce the risk of disputes. If you’re unsure what your legal obligations are, or if you have any questions or concerns, it's a good idea to Ask a lawyer. When carrying out domestic works, consider using a Construction Contract.