Client Duties Under the Construction Regulations 2013: What Every Irish Developer Must Know
The client carries significant legal duties under the Construction Regulations 2013 that cannot be delegated.
# Client Duties Under the Construction Regulations 2013: What Every Irish Developer Must Know When most people think about construction safety responsibilities, they think about contractors and site managers. But under Irish law, the client, meaning the person or organisation who commissions a construction project, carries significant legal duties that cannot be delegated away. Failing to understand and discharge these duties can expose clients to prosecution, civil liability, and, most importantly, to the risk of workers being seriously injured or killed on their project. This guide explains what the Construction Regulations 2013 require of clients, what happens if those duties are not met, and the practical steps every Irish developer or building owner should take before work begins. ## Who Is a "Client" Under the Regulations? The Safety, Health and Welfare at Work (Construction) Regulations 2013 define a client as any person for whom a project is carried out. This is a broad definition that covers: - Property developers commissioning new residential or commercial developments - Building owners commissioning refurbishment, fit-out, or maintenance work - Local authorities and public bodies commissioning infrastructure projects - Businesses commissioning fit-out of commercial premises - Homeowners commissioning domestic extensions or renovations (subject to certain thresholds) The key point is that the client is the person who initiates and funds the project, not the person who carries out the work. Even if a client appoints a project manager or main contractor to manage the project on their behalf, the client's legal duties under the Regulations remain with the client. ## The Client's Core Duties ### Appoint a PSDP and PSCS The most significant duty for most clients is the requirement to appoint a Project Supervisor for the Design Process (PSDP) and a Project Supervisor for the Construction Stage (PSCS) for notifiable projects. A project is notifiable if it is likely to involve more than 30 working days with more than 20 workers simultaneously, or if the volume of work is likely to exceed 500 person-days. In practice, this covers most medium and large construction projects. For smaller projects, the client still has duties but the formal PSDP and PSCS appointment requirements may not apply. The PSDP must be appointed before detailed design work begins. The PSCS must be appointed before construction work begins. Both appointments must be made in writing. Critically, the client must appoint persons who are competent to perform the role. Appointing a PSDP or PSCS who lacks the necessary knowledge, skills, and experience does not discharge the client's duty. The client must make reasonable enquiries about the competence of the persons appointed. ### Notify the HSA For notifiable projects, the client must ensure that the HSA is notified before construction work begins. In practice, this notification is usually prepared and submitted by the PSDP, but the legal duty to ensure it is done rests with the client. The notification must include details of the project, the client, the PSDP, the PSCS, and an estimate of the duration and number of workers involved. ### Ensure Adequate Resources and Time The client must ensure that the project is allocated sufficient time and resources to allow it to be carried out safely. This duty is often overlooked, but it is one of the most important. A client who imposes an unrealistic programme or an inadequate budget on a contractor is contributing to the conditions in which accidents happen. The Regulations require the client to take account of the general principles of prevention when making decisions about the project, including decisions about the programme, the budget, and the design. ### Provide Pre-Construction Information The client must provide the PSDP with all relevant information about the site and the project that could affect health and safety during the design or construction phases. This includes: - Information about the existing structure, including any known hazards (asbestos, contamination, buried services, structural deficiencies) - Information about the site, including ground conditions, access constraints, and proximity to other structures - Any previous health and safety files relating to the site or structure - Information about the intended use of the structure after completion This information forms the basis of the Preliminary Health and Safety Plan that the PSDP prepares. ### Retain the Safety File At the end of the project, the client must receive and retain the Safety File prepared by the PSCS. The Safety File contains information about the completed structure that will be needed for future maintenance, repair, or demolition work. The client must make the Safety File available to anyone who needs it for future work on the structure. ## What Happens If Client Duties Are Not Met? Failure to comply with the Construction Regulations 2013 is a criminal offence. The HSA can prosecute clients who fail to appoint a PSDP or PSCS, fail to notify the HSA, or otherwise fail to discharge their duties under the Regulations. In addition to criminal liability, clients who fail to discharge their duties may face civil liability if a worker is injured on their project and the injury is connected to the client's failure to comply with the Regulations. ## Domestic Clients Private individuals commissioning work on their own homes are generally exempt from the formal PSDP and PSCS appointment requirements, unless the project is notifiable and the work is not being carried out in connection with a trade or business. However, domestic clients still have a general duty of care to anyone working on their property. ## Practical Steps for Clients Before commissioning a construction project, every client should: 1. Determine whether the project is notifiable and whether formal PSDP and PSCS appointments are required. 2. Appoint a competent PSDP before detailed design begins, and a competent PSCS before construction begins. 3. Ensure that the HSA notification is submitted before construction begins. 4. Provide the PSDP with all relevant pre-construction information about the site and the existing structure. 5. Allow adequate time and budget for the project to be carried out safely. 6. Receive and retain the Safety File at the end of the project. ## Conclusion Client duties under the Construction Regulations 2013 are real, significant, and cannot be delegated away. Every Irish developer, building owner, or organisation commissioning construction work should understand what is required of them and take steps to discharge those duties before work begins. ## References [1] Safety, Health and Welfare at Work (Construction) Regulations 2013. Available at: https://www.irishstatutebook.ie/eli/2013/si/291/made/en/print [2] Health and Safety Authority - Client Duties. Available at: https://www.hsa.ie/eng/your_industry/construction/roles_and_responsibilities/client/ [3] Safety, Health and Welfare at Work Act 2005. Available at: https://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/html