Q&As

Can a contractor stop a homeowner from accessing their property while it carries out construction works, for health and safety reasons?

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Published on LexisPSL on 31/08/2017

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Can a contractor stop a homeowner from accessing their property while it carries out construction works, for health and safety reasons?

Can a contractor stop a homeowner from accessing their property while it carries out construction works, for health and safety reasons?

The contractor has various health and safety responsibilities on a building site that it needs to be aware of and ensure compliance with. See Practice Notes:

  1. CDM Regulations 2015—the role of the contractor and principal contractor

  2. Health and safety requirements—preparing to begin works and setting up the site

  3. Construction phase—site management and on-site health and safety requirements

In addition, section 3 of the Health and Safety at Work etc Act 1974 requires employers and self-employed persons to ensure that their activities do not expose people to health and safety risks. See Practice Notes:

  1. Safety and the risk to safety under the Health and Safety at Work Act 1974

  2. Health and safety law and the self-employed

It is worth noting too that the Construction (Design and Management) Regulations 2015 (CDM Regs 2015), SI 2015/51, reg 13(4)(b) requires the contractor to take the necessary steps to prevent access by unauthorised persons to the construction site (eg using fencing and other controls). Although, this would not appear to necessarily mean that it can prevent the homeowner from having access to the site, the need to comply with this requirement and control the safety of the site must be taken into consideration by the contractor (and the homeowner).

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