A lot of people undertake the role of project managing their selfbuild construction project, an impressive and challenging undertaking, partly to fulfill a desire to “build their own home” whilst also saving money that they would otherwise be paying to a building contractor.
There are reasons why a building contractor is more expensive than self building. Obviously you are paying for their knowledge and experience built up from minor and major learning points through their careers, rather than you making expensive mistakes or decisions, they’ve done that already. Also what you are paying for the legal peace of mind by offloading the day to day responsibility of being project managers and mitigating the stress of dealing with multiple sub contractors and ever shifting schedules of availability.
If you are determined to push on with your self build, we have put together a clear, Ireland-specific summary of a self-builder’s statutory obligations, set out on the basis that the self-builder is acting as Client under Irish construction and safety legislation.
1. Health & Safety
As a self-builder, you are legally deemed to be the Client under the Safety, Health and Welfare at Work (Construction) Regulations 2013.
Your obligations include:
- Appoint competent project supervisors:
- PSDP (Project Supervisor Design Process) – appointed before design begins
- PSCS (Project Supervisor Construction Stage) – appointed before construction starts
- Ensure designers and contractors are competent, adequately resourced, and insured
- Ensure a Safety and Health Plan is prepared by the PSCS before works commence
- Ensure a Construction Stage Safety File is prepared and handed over at completion
- Notify the Health and Safety Authority (HSA) via an AF1 form where required
- Take reasonable steps to ensure the project is carried out without risk to workers or the public
- Cooperate with the PSDP and PSCS and allow them to fulfil their statutory duties
Failure to discharge these duties can result in personal liability, including prosecution.
2. Site Welfare
You must ensure that adequate welfare facilities are provided on site for all workers, in accordance with Schedule 2 of the Construction Regulations.
This includes provision of:
- Sanitary conveniences (toilets)
- Hand-washing facilities with hot and cold water
- Drinking water
- Facilities for rest and eating meals
- Facilities for changing and drying clothes, where required
These facilities must be:
- Available from the start of construction
- Maintained in a clean and hygienic condition
- Appropriate to the number of workers and duration of the project
Even where a contractor provides welfare, the ultimate responsibility remains with the Client.
3. Engaging Construction Professionals
You are responsible for ensuring that all persons you engage are competent and appropriately appointed.
This includes:
- Appointing designers (architects, engineers, surveyors) who are:
- Suitably qualified
- Competent for the works
- Professionally indemnified
- Ensuring contractors:
- Have adequate construction experience
- Are tax compliant
- Carry appropriate insurance (public liability, employer’s liability)
- Making appointments in writing, clearly defining roles and responsibilities
- Ensuring no party undertakes duties outside their competence
If you take on multiple roles yourself (e.g. acting as Project Manager or Designer), you also assume the legal responsibilities attached to those roles.
4. Building Regulations
Under the Building Control Acts and Regulations, a self-builder is legally considered the Building Owner.
Your obligations include:
- Ensuring the works comply with all relevant Building Regulations (Parts A–M)
- Lodging the appropriate Commencement Notice via the Building Control Management System (BCMS)
- Complying with BCAR requirements where applicable:
- Appointment of a Design Certifier
- Appointment of an Assigned Certifier
- Implementation of an Inspection Plan
- Ensuring that a Certificate of Compliance on Completion is submitted and validated
- Retaining statutory records, certificates, and drawings
Non-compliance can result in:
- Inability to sell or mortgage the property
- Enforcement action by the local authority
- Significant remediation costs
Important Note
While you may delegate tasks to professionals, you cannot delegate legal responsibility. As a self-builder, you retain ultimate accountability as Client and Building Owner.
At Summit Matters we know it’s not something everyone can take on as a challenge and we tip our hat to everyone who rises to the challenge and wish you every success in your journey.
Featured Photo 📸 by Elisa Photography on Unsplash