Changes to the Construction (Design and Management) regulations 2015, means that those companies (including sole traders), that offer design and planning services to both consumer (householders) and businesses could be liable for health and safety breaches on site even though the builder is the one doing the work.
Not unlike the smoking ban the liability is on those with a lot to lose, the law in that instance targets the smoker through the publican for having a person smoking on the premises, this act pushes the owner to act. Laws are anthropological, they drive behaviour, whether you agree or disagree with them, it still means the law needs to be adhered to and in the example of the design and planner navigated so their risk is managed and the business protected.
When laws are structured like so, I can’t help but feel more than a little sympathy for the – in this instance – the design and planner who now starts the process of introducing a standard to the chain for events that will lead to a building being built.
We can see why the changes are in place, trying to raise the standard is the goal, the final property will be eligible for warranty and will be re-saleable, a marketable property as opposed to that of a property built based on poor standards which could lead to a disastrous set of circumstances.
This sector is already full of regulation but this new health and Safety legislation will introduce more complexity and challenges for all involved.
So, in a situation where there are multiple contractors, there will be a pressure on design and planning companies to establish the process before a shovel is in the ground.
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