Notifiable Projects in Ireland: When Must You Notify the HSA Before Starting Construction?

Not every construction project in Ireland requires HSA notification, but many do.

# Notifiable Projects in Ireland: When Must You Notify the HSA Before Starting Construction? Not every construction project in Ireland requires formal notification to the Health and Safety Authority (HSA). But where a project meets certain thresholds, the law requires that the HSA be notified before work begins. Failure to notify is a criminal offence, and the notification process also triggers a series of other legal obligations relating to the appointment of a Project Supervisor Design Process (PSDP) and Project Supervisor Construction Stage (PSCS). This guide explains which projects are notifiable, when notification must be made, what information must be included, and what happens after notification. ## What Is a Notifiable Project? A notifiable project is a construction project that exceeds certain thresholds set out in the Safety, Health and Welfare at Work (Construction) Regulations 2013. The thresholds are based on the duration of the project and the number of workers involved. Under Regulation 4 of the Construction Regulations 2013, a project is notifiable if: - The construction phase will last longer than 30 working days and will at any time involve more than 20 workers simultaneously; or - The volume of work will exceed 500 person-days. These thresholds are cumulative. A project that lasts 25 working days but involves 25 workers simultaneously is notifiable because it involves more than 20 workers simultaneously, even though it does not last 30 days. Similarly, a project that involves only 5 workers but runs for 4 months will almost certainly exceed 500 person-days. In practice, most medium and large construction projects in Ireland are notifiable. A residential development of more than a few houses, a commercial fit-out involving multiple trades, a significant civil engineering project — all of these will typically exceed the thresholds. ## Who Is Responsible for Notification? The obligation to notify the HSA rests with the **client** — the person or organisation for whom the construction work is being carried out. This is set out in Regulation 6 of the Construction Regulations 2013. In practice, the client often delegates the task of preparing and submitting the notification to the PSDP, who is better placed to compile the required information. However, the legal responsibility remains with the client. If no notification is made, it is the client who is liable. Where the client is not based in Ireland, or where there is no identifiable client (for example, in the case of self-build projects), the obligation may fall on the PSDP or the PSCS. ## When Must Notification Be Made? The notification must be made **before the construction phase begins**. There is no minimum lead time specified in the regulations — the notification can in theory be submitted the day before work starts — but in practice it should be submitted as early as possible to allow the HSA to plan any inspection activity. Where the project details are not yet fully known at the time of notification (for example, where the final number of contractors has not yet been confirmed), the notification can be submitted with the information available and updated later as the project develops. ## How Is Notification Made? Notification is made using the **AF1 form** (Advance Notification of Construction Project), which is available on the HSA website at hsa.ie. The form can be submitted online through the HSA's online notification system, or by post. The AF1 form requires the following information: | Section | Information Required | |---|---| | Project details | Address, description of work, estimated start and end dates | | Client details | Name and address of the client | | PSDP details | Name and address of the PSDP, date of appointment | | PSCS details | Name and address of the PSCS, date of appointment (if known) | | Project size | Estimated number of workers, estimated person-days | | Designers | Names and addresses of designers involved in the project | If the PSCS has not yet been appointed at the time of notification, the form can be submitted without PSCS details and updated when the appointment is made. ## What Triggers the Notification Obligation? The notification obligation is triggered by the same thresholds that define a notifiable project. However, it is worth noting that the obligation to appoint a PSDP and PSCS arises at a lower threshold than the notification obligation. Under Regulation 5 of the Construction Regulations 2013, a PSDP and PSCS must be appointed for any project that involves more than one contractor, regardless of the size or duration of the project. This means that many small projects — a house extension involving a builder and a separate electrician, for example — require a PSDP and PSCS even though they are not notifiable. The notification obligation only applies to the larger projects that exceed the 30-day/20-worker or 500 person-day thresholds. ## What Happens After Notification? Once the HSA receives the notification, it is logged and may be used to plan inspection activity. The HSA does not issue a formal acknowledgement or approval — notification is a unilateral obligation, not an application for permission. The notification also triggers a requirement to display the notification details on the construction site. Regulation 6(4) of the Construction Regulations 2013 requires that a copy of the notification, or a summary of the key details, be displayed in a prominent position at the site entrance. The PSCS is responsible for ensuring that the notification is displayed on site. This is typically done by printing the AF1 form and posting it in the site office or at the site entrance. ## Consequences of Failing to Notify Failure to notify the HSA of a notifiable project is a criminal offence under the Construction Regulations 2013. The HSA has the power to issue improvement notices and prohibition notices, and can prosecute employers and clients for non-compliance. In practice, the HSA's enforcement focus is on the most serious safety failures, and prosecution for failure to notify alone is relatively rare. However, failure to notify is often accompanied by other compliance failures — no PSDP appointed, no Preliminary Health and Safety Plan prepared, no Construction Phase Safety and Health Plan in place — and it is these broader failures that attract enforcement action. From a civil liability perspective, failure to notify can also be relevant in the event of an accident. If an accident occurs on a notifiable project where no notification was made and no PSDP or PSCS was appointed, the client and PSCS may face significant civil liability in addition to any criminal prosecution. ## Notifiable Projects and the PSDP/PSCS Regime The notification obligation is closely linked to the PSDP/PSCS regime. For notifiable projects, the following obligations apply in addition to the notification itself: **The client must appoint a PSDP** before the design process begins. The PSDP is responsible for coordinating health and safety during the design phase, preparing the Preliminary Health and Safety Plan, and compiling the Safety File. **The client must appoint a PSCS** before the construction phase begins. The PSCS is responsible for coordinating health and safety during the construction phase, preparing the Construction Phase Safety and Health Plan, and managing the safety of all contractors on site. **The PSDP must prepare a Preliminary Health and Safety Plan** before the construction phase begins. This document sets out the key health and safety information for the project and is passed to the PSCS. **The PSCS must prepare a Construction Phase Safety and Health Plan** before work begins on site. This document sets out how health and safety will be managed during the construction phase. **The PSDP must compile a Safety File** during the project and hand it to the client on completion. The Safety File contains information about the completed structure that will be needed for future maintenance, alteration, or demolition work. ## Practical Checklist for Clients If you are a client commissioning a construction project in Ireland, the following checklist will help you meet your obligations: - [ ] Determine whether the project is notifiable (does it exceed 30 days/20 workers simultaneously, or 500 person-days?) - [ ] Appoint a PSDP before the design process begins (required for all projects involving more than one contractor) - [ ] Appoint a PSCS before the construction phase begins (required for all projects involving more than one contractor) - [ ] Submit the AF1 notification to the HSA before the construction phase begins (notifiable projects only) - [ ] Ensure the notification is displayed on site (notifiable projects only) - [ ] Ensure the PSDP prepares a Preliminary Health and Safety Plan - [ ] Ensure the PSCS prepares a Construction Phase Safety and Health Plan - [ ] Ensure the PSDP compiles the Safety File and hands it over on completion ## Conclusion The notification obligation under the Construction Regulations 2013 applies to projects that last more than 30 working days with more than 20 workers simultaneously, or that exceed 500 person-days. The obligation rests with the client, and notification must be made before the construction phase begins using the AF1 form on the HSA website. Notification is just one element of a broader compliance framework for construction projects in Ireland. If you are unsure whether your project is notifiable, or whether your PSDP and PSCS arrangements meet your legal obligations, Safety Check can advise. Contact us at [safetycheck.ie/contact](https://www.safetycheck.ie/contact). ## 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 - Construction Regulations 2013 Guidance. Available at: https://www.hsa.ie/eng/your_industry/construction/legislation_and_guidance/construction_regulations_2013/ [3] HSA AF1 Notification Form. Available at: https://www.hsa.ie/eng/your_industry/construction/notification_of_construction_projects/