With the repaint of the Square and Terrace looming, there may be confusion over the legislation to make works projects safer (Construction [Design & Management] Regulations 2007). The FBST website has links to relevant information and, despite the length, are recommended reading for directors of freehold companies who engage the services of a contractor. This legislation does not extend to domestic clients at present but, if you want to find out more, there is a longer version of this article on the website.

One of the elements of the 2007 regulations is that under certain circumstances a client (freehold company or their agent) would need to appoint someone to act as a "CDM Co-ordinator" to oversee elements of the works and submit a "CDM Notification" to the Health Safety Executive (HSE). These circumstances apply if actual on-site working days are expected to exceed 30 in total (or 500 person-days). Days when no-one is on site (such as for instance during weekends and spells of inclement weather) are not counted, and short extensions to the initial 30 days are also permissible without CDM notification. The HSE have confirmed that should some major defect become apparent during the repainting process that effectively pushes the expected time frame for works further, then it would be acceptable and straightforward to submit a CDM notification as necessary. For some properties the repaint will be a straightforward process lasting less than 30 days, and for others it will take longer, especially if for instance roof works are undertaken at the same time. It is important to note however that, even if a project is not deemed notifiable under CDM 2007, non-domestic clients are still obliged to undertake certain other duties.

These duties are intended to harness a client's influence over project participants to ensure a systematic and intelligent approach to safety in the workplace. In most circumstances managing agents or their surveyors will take on board this responsibility and undertake the necessary checks. This doesn't mean however that the buck necessarily stops with them, and it would be wise for Directors of freehold companies to seek written confirmation from their agents they are aware of their obligations under CDM 2007. Some of the obvious steps that should be taken when engaging a contractor would include checking that they have the relevant insurance, that they can display competency by way of experience and/or qualifications and that they have considered a construction phase plan. Scaffolders should provide handover certificates and confirm that they too have appropriate experience or training. Under the regulations there is also an opportunity to render workplaces safer by sharing knowledge of any perceived or actual hazards. Our local HSE officer (Andrew Lambert, East Grinstead) has confirmed the above-mentioned considerations as eminently prudent, and indicated that so long as a trail of communications testifying to this is available in the event of a post-accident inspection, he saw little room for the possibility that a criminal prosecution would follow.