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The purpose of a health and safety file is to provide information relevant to the works being carried out at the time, but it must also contain information which is likely to be needed during any future construction work to ensure the health and safety of any person.
The first question will therefore be to determine whether or not a health and safety file should have been prepared in relation to any works carried out previously. This will depend on the time that any works to the property were carried out and the nature of such works:
A health and safety file may have been required in certain circumstances, but the parties would need to consider the Construction (Design and Management) Regulations 1994 (CDM Regulations 1994), SI 1994/3140 which were in force in relation to any works carried out pre-2007.
If any works were carried out at the property when the Construction (Design and Management) Regulations 2007 (CDM Regs 2007), SI 2007/320 applied, a health and safety file only needed to be prepared if the works were ‘notifi
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