Understanding the "Domestic Client" in construction

Understanding the "Domestic Client" in Construction Projects.

If you are planning a renovation or building a home, you might be wondering where you stand in terms of construction safety regulations. In the construction industry, you may be classified as a "domestic client." Here is a detailed breakdown of what that means, how it impacts your project, and who is responsible for safety and health duties.

What is a Domestic Client? 

A domestic client is defined as an individual for whom a construction project is being carried out, provided that the project is not in the course or furtherance of a business.

Typically, this refers to homeowners or individuals who engage contractors to build, rebuild, or renovate their principal residence for personal dwelling.

The "Business" Exception: It is important to note that if you are building another house within the site of your principal residence, or converting your family home into apartments to sell or rent, this is likely considered "in furtherance of a business" (as it is potentially tax liable on profit). In such cases, you are no longer considered a domestic client, but rather a standard commercial client.

Do Construction Guidelines Apply to Domestic Clients? ( at the time of writing there is no CDM 2024 guideline)

Generally, comprehensive safety guidelines like the Occupational Safety and Health in Construction Industry (Management) or OSHCIM guidelines are not intended to be mandatory for projects undertaken by a domestic client. However, the use of these guidelines is still highly encouraged for domestic clients, their designers, and their appointed contractors to ensure a safe project.

Who Handles the Legal and Safety Duties? 

Because domestic clients are not expected to be experts in construction management, the law automatically shifts the primary project management and safety notification duties away from them. If you are a domestic client, these duties must be carried out by:

The Construction Work Contractor: If your project only involves a single contractor, they automatically take on the client duties.

The Principal Construction Work Contractor: If your project involves more than one contractor, the principal contractor takes on these duties.

The Principal Construction Work Designer: Alternatively, as a domestic client, you can choose to make a written agreement with your principal designer to fulfill the client duties on your behalf.

What Happens If You Don't Formally Appoint Anyone?

 In commercial projects, failing to appoint key roles means the client assumes those legal liabilities. However, domestic clients are protected by a default mechanism. If a domestic client fails to formally appoint a principal designer or principal contractor, the law dictates that:

The designer in control of the pre-construction phase automatically becomes the principal construction work designer.

The contractor in control of the construction phase automatically becomes the principal construction work contractor.

One Important Exception : While duties are transferred, if a domestic client decides to step in and actually controls the way in which any construction work is carried out by a person at work, they must comply with the general safety requirements for that specific work, so far as it relates to the matters under their direct control.

In summary, if you are simply hiring professionals to work on your own home for personal use, the heavy lifting of construction management and safety compliance legally falls onto the shoulders of the contractors and designers you hire.