Sector guide
16 obligations that are typically legally required, 18 in all — with the legislation, renewal frequency and penalties behind each.
A childcare setting answers to Ofsted on registration, ratios and the EYFS welfare requirements — while safeguarding, paediatric first aid and enhanced DBS checks sit alongside every premises duty (fire, electrical, water hygiene) any workplace carries.
This guide lists the obligations that typically apply to a nursery or childcare setting in England & Wales, with the legislation behind each, how often it renews, and what enforcement can bring.
The duties that generally apply to premises like yours under UK law, with what enforcement can look like.
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 (Compulsory Insurance) Act 1969
GBP 2,500 per day without it; GBP 1,000 for not displaying certificate
Energy Performance of Buildings Regulations
Unlawful to let with F or G rating; fines vary
Childcare Act 2006; Early Years Foundation Stage (EYFS) statutory framework
Operating in breach of the EYFS welfare requirements can lead to Ofsted enforcement up to cancellation of registration; unregistered childcare requiring registration is a criminal offence.
Regulatory Reform (Fire Safety) Order 2005; Fire Safety (England) Regulations 2022
Enforced under the RRFSO 2005.
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.
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.
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.
Childcare Act 2006 ss.33-34 (Early Years Register) & ss.52-53 (Childcare Register)
Providing childcare that requires registration without being registered is a criminal offence; Ofsted can prosecute (fine) and issue suspension or cancellation notices.
Early Years Foundation Stage (EYFS) statutory framework (Childcare Act 2006)
Breach of the EYFS welfare requirements; Ofsted enforcement up to cancellation of registration.
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.
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.
Children Act 2004 s.11; 'Keeping Children Safe in Education' (KCSIE); Working Together to Safeguard Children
Ofsted enforcement up to cancellation of registration and prosecution; for schools, DfE/Ofsted intervention.
Safeguarding Vulnerable Groups Act 2006
Criminal offence to employ barred individuals
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.
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.
Extra duties that switch on with a feature of the building or how you operate.
Gas appliances or a gas boiler
A passenger or goods lift
Pressure systems (boilers, compressors)
Computer workstations
A commercial kitchen or food preparation
Heavy lifting or moving people
Hazardous substances (COSHH)
Work at height (ladders, roofs)
Workplace vehicles or forklifts
Fume or dust extraction (LEV)
A swimming or spa pool
A building constructed before 2000
The full nurseries & childcare list as a one-page PDF — every obligation, frequency and legislation reference. Free, straight to your inbox.
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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).