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Safety law

What do the CDM regulations mean for a homeowner having roof work done?

The Construction (Design and Management) Regulations sound like a rule for building sites. For a homeowner they mostly settle one question: who carries the duties.

The short answer

The CDM regulations count you as a domestic client when you have roof work done on your own home, but your duties do not stay with you. Regulation 7(1) hands them to the firm in sole charge, or, where two or more firms work on the site, to the principal contractor. In practice you ask who that is, and expect that person to plan the work.

Who counts as a domestic client

The Health and Safety Executive's guidance makes you a domestic client whenever the building being worked on is your own home. A re-roof qualifies, and so do a chimney rebuild, new gutters and a patch of slate repair, provided the building is where you live.

The label matters because the Construction (Design and Management) Regulations 2015 attach a set of duties to clients: making sure the work is planned, that the people doing it are suitable and that enough time and money are allowed for it to be done safely. A householder who rings a roofer after a storm is in a very different position from a developer, and the rules recognise it by routing a domestic client's duties elsewhere.

Under regulation 7 the paperwork is therefore the contractor's, not yours. What you do need is a contractor who knows the duties exist and does not treat them as someone else's problem.

The commercial side of the same rules is covered in our guide to CDM and commercial roof work.

Where your duties go

Regulation 7(1) of the 2015 Regulations says a domestic client's duties are to be carried out by somebody else, and who that is depends on the number of contractors on the project.

Who carries a domestic client's duties
On your jobDuties go to
Only one contractorThat contractor
More than one contractorThe principal contractor

On a straightforward roof job with a single firm in charge, the duties land on that firm. If you hire one firm for the roof and another for a chimney or an extension on the same project, two contractors are involved, and a principal contractor takes over the role. If you are unsure how many firms are involved, ask before the work starts.

Either way, the thing to do as a householder is ask. Who is the contractor? If two firms are involved, which of them is the principal contractor, and has that been agreed in writing? A firm that knows the answer gives it in a sentence, and the question should not cause offence.

The construction phase plan

One duty is easy to see on a roof job. Where one contractor alone is working on the project, regulation 15(5) puts the writing of a construction phase plan on that contractor. The plan records how the work will be managed for health and safety while it is carried out.

For a roof it does not have to be long. It deals with the things that go wrong on roofs: working at height, access and edge protection, tools and tiles falling, fragile surfaces, the scaffold, and who else is near the site, including neighbours and people passing on the pavement.

The Work at Height Regulations 2005 sit alongside it. Regulation 6(3) makes preventing falls an employer's duty, to the extent that is reasonably practicable, and a plan that mentions the scaffold and the edge protection is the practical record of how that is being met.

Ask the roofer how the plan will cover your house in particular. A short answer is fine, as long as it mentions the scaffold, the access route, and what happens to your gutters, your path and your car.

What it means for your job

The extra duties that grow with a bigger project depend on two or more contractors being involved, not on a notification sent to anybody. A householder with one firm doing one roof is in the simplest position the regulations describe.

These are the questions worth putting to any firm before you sign:

  • Are you the only contractor on this job, or will other firms work on it?
  • Will you draw up a construction phase plan, and can I see it before the work starts?
  • Who puts up the scaffold, and who applies to Kent County Council for the licence?
  • How will the path and the neighbouring drives be kept clear?

Scaffold arrangements belong in the same conversation, and our answer on the Kent scaffold licence covers who applies. If a neighbour shares your roof or chimney, the Party Wall Act may also come into it, as explained in our answer on party wall notices for roof work.

All the roofing we do around Margate and Thanet begins with the survey and ends with one written price.

CDM for a householder

Do I have to write the safety plan for my roof job myself?

No. Regulation 7(1) moves your duties as a domestic client to the contractor when one firm is in charge, and to the principal contractor when several firms share the job. Where one firm works alone, regulation 15(5) has it draw up the construction phase plan. Ask the firm to confirm in writing which role it holds.

Do I need to tell the Health and Safety Executive about my roof job?

The extra duties in the CDM regulations depend on how many contractors are working, not on a notification you make. For a domestic client, the HSE's own guidance and regulation 7(1) are the place to start, and the contractor carries the duties. If two firms are on site, ask which is principal.

Your next step

Ask any roofer who the contractor is and whether a plan will be written. Send us photos and we will start from the survey.

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