A domestic client is someone having construction work done on their own home, or the home of a family member, that is not in connection with a business. CDM 2015 still applies to their project. What changes is who carries the client duties: they pass to the contractor, to the principal contractor, or to the principal designer if there is a written agreement.
"We're a domestic client, so the regulations don't really affect us" is half right. The homeowner does not carry the duties. Somebody else does, whether or not they know it.
What the regulations say
Regulation 2 of CDM 2015 defines a domestic client as a client for whom a project is being carried out which is not in the course or furtherance of a business of that client.
Regulation 7(1) then says that where the client is a domestic client, the client duties in regulations 4(1) to (7) and the notification duty in regulation 6 must be carried out by:
the contractor, where there is only one contractor;
the principal contractor, where there is more than one contractor; or
the principal designer, where there is a written agreement that the principal designer will fulfil those duties.
Regulation 7(2) covers the homeowner who appoints nobody. If a domestic client does not make the appointments regulation 5 requires, the designer in control of the pre-construction phase is the principal designer, and the contractor in control of the construction phase is the principal contractor.
Who is not a domestic client
HSE's guidance on CDM 2015 (L153) is specific. Local authorities, housing associations, charities, landlords and other businesses may own homes, but they are not domestic clients. If the work is in connection with a business attached to a home, such as a shop, the client is not a domestic client either.
The test is the purpose of the work, not the type of building. A developer building houses to sell is having the work done in the course of a business, so the client duties apply to the developer in full.
Where the duties go
One contractor, for example a builder doing a kitchen extension alone: that contractor carries the client duties as well as their own. HSE notes that in practice this should mean doing little more to manage the work safely.
More than one contractor: the principal contractor carries the client duties as well as their own.
An architect or designer engaged first: the homeowner can agree in writing that the principal designer will carry the client duties, so the designer coordinates the project rather than it passing automatically to the principal contractor.
The homeowner does the work themselves: HSE treats this as DIY, and CDM 2015 does not apply.
A worked example: a loft conversion
A homeowner engages an architect for the drawings, then a builder who brings in an electrician and a plasterer. There is more than one contractor, so a principal designer and a principal contractor are needed. If the homeowner appoints nobody, the architect in control of the design is the principal designer and the builder in control of the work is the principal contractor.
The builder, as principal contractor, now carries the client duties as well. In practice that means:
gathering the information about the house that the work needs, such as any asbestos survey, the services and the structure;
making sure a construction phase plan is drawn up before work starts;
providing welfare facilities for the people on site;
notifying HSE with an F10 if the job crosses the thresholds, which few loft conversions do.
If the homeowner had agreed in writing that the architect would carry the client duties, the architect would hold them instead.
What contractors working on homes should do
Ask at the start whether the client is having the work done for a business. A landlord, a developer or a housing association is not a domestic client.
If you are the only contractor, or the principal contractor, assume the client duties are yours unless there is a written agreement giving them to the principal designer.
Write down who holds the client duties, so nobody finds out after an incident.
Common questions
Does a domestic client have to appoint a principal designer and principal contractor?
Where there is more than one contractor, the appointments are needed. If the homeowner does not make them, regulation 7(2) makes the designer and contractor in control take the roles.
Does an extension need an F10?
Only if it is scheduled to last longer than 30 working days with more than 20 workers on site at the same time, or to exceed 500 person days. Our free F10 checker works it out in a minute. For a domestic client, the contractor or principal contractor sends it.
Is a landlord letting out a house a domestic client?
No. Letting property is a business, so the landlord is a client with the full client duties.
Related: Does CDM 2015 apply to small projects? and our free CDM 2015 checklists.
This article is general information, not legal advice.