Responsibility for the safety of construction will soon be placed on those who commission and pay for developments, as well as those who design, manage and build them.

From 6 April, the new Construction Design and Management Regulations 2007 will radically change the way the Health and Safety Executive decides who is responsible for the safe procurement and management of building projects and for accidents. The biggest impact will be on those who commission new buildings, even if they have no direct role in the work.

“At present if an accident happens, it is contractors, designers or managers who face the music. From April, those who pay for the building works will be in the frame as well,” says Ken Salmon of law firm Mace and Jones.

If a client knows or should have known of deficiencies in the procurement, design, management or construction process, they will be at risk if they fail to do something about it.