Do you legally need a risk assessment? (UK construction)
Short answer: yes — if you employ anyone or carry out work with real risks, a risk assessment is a legal requirement in the UK. Here's exactly when, and what the law actually says.
What the law says
Under the Management of Health and Safety at Work Regulations 1999, every employer must carry out a suitable and sufficient assessment of the risks to employees and anyone else affected by their work. On construction projects, CDM 2015 adds further duties on clients, principal contractors and contractors.
Do sole traders need one?
If you're genuinely self-employed and your work creates no risk to others, the duty may not apply. But in construction that's rare — most work affects other people on or near the site, so in practice a sole trader carrying out risky work should assess it. And you'll be asked for one before you're let on most commercial sites regardless.
When does it have to be written down?
If you have five or more employees, you must record the significant findings of your risk assessments. Below five, you're not legally required to write it down — but you still have to do the assessment, and a written record is the only practical way to prove you did, satisfy a principal contractor, and defend yourself if something goes wrong. In short: write it down anyway.
What does "suitable and sufficient" mean?
It means the assessment must:
- Identify the real hazards of the actual task
- Be proportionate to the risk
- Consider who could be harmed
- Identify sensible control measures
- Be reviewed when things change
A generic form with no relation to the job isn't suitable and sufficient — the assessment has to reflect your work on this site.
What happens if you don't have one?
You can be refused access to site, lose the contract, and — if there's an incident — face enforcement action or prosecution by the HSE. Risk assessments are cheap; not having one is expensive.
Get sorted
Start from an editable, professionally drafted risk assessment for your task and adapt it to your site.
Frequently asked questions
Is a risk assessment a legal requirement in the UK?
Yes. Under the Management of Health and Safety at Work Regulations 1999, employers must carry out a suitable and sufficient risk assessment of the risks to employees and others affected by their work.
Do I have to write my risk assessment down?
If you have five or more employees you must record the significant findings. With fewer than five you're not legally required to, but you still must do the assessment — and writing it down is the only practical way to prove it and satisfy a principal contractor.
Do self-employed people need a risk assessment?
If your work poses no risk to others the duty may not apply, but in construction most work affects others, so in practice you should assess it — and sites will require one before you start.
What does 'suitable and sufficient' mean?
The assessment must identify the real hazards of the actual task, be proportionate to the risk, consider who could be harmed, set out sensible controls, and be reviewed when things change.