Keeval

Sector guide

Construction firm compliance obligations, explained

16 obligations that are typically legally required, 18 in all — with the legislation, renewal frequency and penalties behind each.

Construction draws the HSE’s heaviest attention: on top of project-side CDM duties, the firm itself carries premises and equipment obligations — plant and lifting gear under LOLER and PUWER, COSHH for dusts and substances, work-at-height controls, and asbestos duties on anything pre-2000.

This guide lists the obligations that typically apply to a construction firm’s yards, offices and equipment in England & Wales, with the legislation, frequency and penalties for each.

Typically legally required

The duties that generally apply to premises like yours under UK law, with what enforcement can look like.

CDM 2015 Duties (Construction Phase Plan)

Ongoing

Construction (Design and Management) Regulations 2015

Enforced by the HSE: improvement/prohibition notices and, on conviction, unlimited fines and/or imprisonment.

COSHH — Construction Dust & Hazardous Substances (incl. silica)

Ongoing

Control of Substances Hazardous to Health Regulations 2002 (COSHH)

Enforced by the HSE: improvement/prohibition notices and unlimited fines; respirable crystalline silica is a major enforcement focus.

EICR (Fixed Wire Testing)

Every 5 years

Electricity at Work Regulations 1989; HSW Act 1974

Enforced under the HSW Act 1974: summary conviction an unlimited fine and/or up to 6 months' imprisonment; on indictment an unlimited fine and/or up to 2 years' imprisonment.

Employers' Liability Insurance

Annual

Employers' Liability (Compulsory Insurance) Act 1969

GBP 2,500 per day without it; GBP 1,000 for not displaying certificate

EPC (Energy Performance Certificate)

Every 10 years

Energy Performance of Buildings Regulations

Unlawful to let with F or G rating; fines vary

Fire Risk Assessment

Annual

Regulatory Reform (Fire Safety) Order 2005; Fire Safety (England) Regulations 2022

Enforced under the RRFSO 2005.

First Aid Needs Assessment

Annual

Health and Safety (First-Aid) Regulations 1981; HSW Act 1974

Enforced under the HSW Act 1974: summary conviction an unlimited fine and/or up to 6 months' imprisonment; on indictment an unlimited fine and/or up to 2 years' imprisonment.

Health & Safety Risk Assessment

Annual

Management of Health & Safety at Work Regulations 1999; HSW Act 1974

Enforced under the HSW Act 1974: summary conviction an unlimited fine and/or up to 6 months' imprisonment; on indictment an unlimited fine and/or up to 2 years' imprisonment.

Legionella Risk Assessment

Every 2 years

HSW Act 1974; COSHH 2002; ACoP L8

Enforced under the HSW Act 1974 and COSHH 2002: summary conviction an unlimited fine and/or up to 6 months' imprisonment; on indictment an unlimited fine and/or up to 2 years' imprisonment.

Lifting Plant Thorough Examination (LOLER)

Annual

Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)

Operating lifting plant without a valid thorough examination can lead to HSE prohibition notices and unlimited fines on conviction.

PAT Testing

Annual

Electricity at Work Regulations 1989; HSW Act 1974

Enforced under the HSW Act 1974: summary conviction an unlimited fine and/or up to 6 months' imprisonment; on indictment an unlimited fine and/or up to 2 years' imprisonment.

Refurbishment / Demolition Asbestos Survey

Ongoing

Control of Asbestos Regulations 2012

Enforced under CAR 2012 / the HSW Act 1974: unlimited fines and/or up to 2 years' imprisonment on conviction.

RIDDOR Reporting

Ongoing

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013; HSW Act 1974

Failure to report is a criminal offence: summary conviction an unlimited fine and/or up to 6 months' imprisonment; on indictment an unlimited fine and/or up to 2 years' imprisonment.

Waste Duty of Care

Ongoing

Environmental Protection Act 1990 s34; Waste (England and Wales) Regulations 2011

Breach of the waste duty of care is a criminal offence: summary conviction a fine; on indictment an unlimited fine.

Work at Height Controls

Ongoing

Work at Height Regulations 2005

Enforced under the WAH Regulations / HSW Act 1974: improvement/prohibition notices and unlimited fines on conviction.

Written Health & Safety Policy (5+ employees)

Annual

Health and Safety at Work etc. Act 1974 s2(3)

Failure to prepare/revise a written policy where required is an offence under the HSW Act 1974: summary conviction an unlimited fine and/or up to 6 months' imprisonment; on indictment an unlimited fine and/or up to 2 years' imprisonment.

If your premises also has…

Extra duties that switch on with a feature of the building or how you operate.

Gas appliances or a gas boiler

  • Gas Safety Certificate (CP12)Annual
  • Boiler / Heating Servicingbest practiceAnnual

A passenger or goods lift

  • Lift Inspection (LOLER)Every 6 months

Pressure systems (boilers, compressors)

  • Pressure Systems ExaminationAnnual

Computer workstations

  • Display Screen Equipment AssessmentAnnual

A commercial kitchen or food preparation

  • Food Hygiene Rating (EHO Inspection)Annual
  • HACCP / Safer Food Better Business SystemAnnual
  • Allergen Information & PPDS Labelling (Natasha's Law)Annual
  • Food Premises RegistrationOngoing
  • Food Handler Hygiene Training (Level 2)Every 3 years
  • Kitchen Extract / Grease Duct Deep Clean (TR19 Grease)best practiceAnnual
  • Pest Control Contract (Food Premises)best practiceEvery 3 months

Heavy lifting or moving people

  • Manual Handling Risk AssessmentAnnual

Hazardous substances (COSHH)

  • COSHH Assessment (Hazardous Substances)Annual

Work at height (ladders, roofs)

  • Work at Height Risk AssessmentAnnual

Workplace vehicles or forklifts

  • Forklift / Lifting Equipment Thorough Examination (LOLER)Annual
  • Workplace Transport Risk AssessmentAnnual

Fume or dust extraction (LEV)

  • Local Exhaust Ventilation (LEV) Thorough Examination & TestEvery 14 months

A swimming or spa pool

  • Pool & Spa Water Safety Programme (HSG282 / PWTAG)Annual

A building constructed before 2000

  • Asbestos Management SurveyAnnual

Widely expected, even where not strictly required

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This guide highlights the obligations, frequencies and penalties that typically apply to premises like yours in England & Wales — general information to help you act on your duties, not legal advice and not a definitive statement of your position. You remain the duty-holder; take your own professional advice where you need certainty. Keeval is a trading name of Brenkon Holdings Limited (no. 16987530).