Health and Safety — RICS APC Competency Revision Guide

CDM 2015 creates five duty-holder roles: the client (who commissions the work and holds primary responsibility for ensuring CDM is complied with), the principal designer (who manages pre-construction phase health and safety coordination), the principal contractor (who manages construction phase health and safety), designers (who consider buildability and maintenance hazards in their design), and contractors (who carry out the work safely). On notifiable projects, the client must notify the Health and Safety Executive before construction work begins.

The Building Safety Act 2022 introduced a new regulatory regime for higher-risk buildings (currently those 18 metres or over, or with at least seven storeys, containing at least two residential units). It created the Building Safety Regulator, established the concept of the golden thread of information (a digital record of the building's design and construction), and imposed new duties on accountable persons to manage building safety risks throughout the building's life. Surveyors advising on or managing higher-risk buildings need to understand these obligations.

A risk assessment is the systematic process of identifying hazards, evaluating the likelihood and severity of harm, and determining control measures. Under the Management of Health and Safety at Work Regulations 1999, employers with five or more employees must record their risk assessments. In the APC context, you should be able to describe how you have conducted or contributed to a risk assessment in practice — on a construction site, during a survey, or as part of a project planning exercise.

The health and safety file is a document required under CDM 2015 for projects involving more than one contractor. It is prepared by the principal designer during the pre-construction phase and updated throughout the project. It contains information about the completed structure that future occupiers, owners, or contractors will need to work safely on the building — for example, locations of concealed services, structural elements, and specialist equipment. The client receives the file at practical completion and is responsible for keeping it updated.

You advise the client clearly and in writing that commencing demolition in these circumstances would breach the CDM Regulations 2015 and the Control of Asbestos Regulations 2012. Asbestos removal or encapsulation must be carried out by a licensed contractor before any demolition work begins, and the principal designer must complete the pre-construction phase to identify and communicate all significant hazards. Proceeding without these steps exposes the client to enforcement action by the Health and Safety Executive, potential prosecution, and, most critically, risk of serious harm to workers. You refuse to facilitate the start on site until these conditions are met and document your advice.