If a contractor is hurt on your roof, is the building owner liable?
Updated 23 October 2026 · SEO Dons Editorial
Check your re-roof against the rules ↓
Is there more than one kind of liability?
Yes, and they run separately. One is regulatory: duties set by health and safety law and enforced by HSE. The other is civil: a claim for compensation by the injured person. Section 33 of the Health and Safety at Work etc. Act 1974 makes it an offence to fail to discharge a duty under sections 2 to 7, and HSE's leaflet for building owners says that where inspectors find a failure to control risk, work will be prohibited and prosecution may follow.
Section 47 of the same Act says nothing in that Part confers a right of action in civil proceedings for failing to comply with sections 2 to 7, and that breach of a duty in health and safety regulations is not actionable except as regulations so provide. It leaves untouched any right of action that exists apart from the Act. A civil claim therefore finds its footing elsewhere, such as the common law duty to take reasonable care or the Occupiers' Liability Acts.
| Track | Main law | The question for an owner |
|---|---|---|
| Regulatory | 1974 Act sections 3 and 4, CDM 2015, Work at Height Regulations 2005 | Did you meet the duties of a person in control of premises, a client, and where relevant the person controlling the work? |
| Civil, visitors | Occupiers' Liability Act 1957 | Did you take reasonable care to see the visitor would be reasonably safe? |
| Civil, others | Occupiers' Liability Act 1984 | Did you know of the danger and the person, and was it a risk you should protect against? |
What does the Occupiers' Liability Act 1957 ask of an owner?
The Act regulates the duty that arises from a person's occupation or control of premises. The occupier owes a "common duty of care": to take such care as is reasonable in all the circumstances to see that the visitor will be reasonably safe in using the premises. A contractor invited onto the roof is ordinarily a visitor. Three parts of section 2 matter most on a roof job. For the wider picture, see how to choose a commercial flat roofing contractor.
- The contractor's calling. An occupier may expect a person, in the exercise of his calling, to appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him able to. Whether a hidden fragile rooflight is such a risk is a question of fact.
- Warnings. A warning does not absolve the occupier without more, unless in all the circumstances it was enough to enable the visitor to be reasonably safe. A sign alone is not automatically a defence.
- Independent contractors. Where a danger is due to faulty construction, maintenance or repair work by an independent contractor, the occupier is not treated without more as answerable if it acted reasonably in entrusting the work and took such steps as it reasonably ought to satisfy itself that the contractor was competent and the work properly done.
The third point is why competence checks matter, and the SSIP, CHAS and Constructionline guide shows what they look like.
Can a notice or contract term remove the duty? Section 2(1) of the Unfair Contract Terms Act 1977 says a person cannot, by a contract term or a notice, exclude or restrict liability for death or personal injury resulting from negligence. The Act counts the common duty of care under the 1957 Act as negligence and covers occupation of premises used for business purposes. This guide covers England and Wales; Scotland has its own Occupiers' Liability (Scotland) Act 1960.
What if the person on the roof was not invited?
The Occupiers' Liability Act 1984 covers people who are not visitors. An occupier owes a duty if it is aware of the danger or has reasonable grounds to believe it exists, knows or has reasonable grounds to believe the other person is in the vicinity or may come into it, and the risk is one against which it may reasonably be expected to offer some protection. The duty may be discharged by reasonable steps to warn of the danger or discourage people from incurring the risk. A roof with a known fragile area and unlocked access is the kind of case it addresses.
What do the 1974 Act, CDM 2015 and the Work at Height Regulations add?
Section 3(1) of the 1974 Act requires every employer to conduct its undertaking so that, so far as is reasonably practicable, people not in its employment who may be affected are not exposed to risks to their health or safety. Section 4(2) puts a duty on each person who has, to any extent, control of non-domestic premises used as a place of work, or of the means of access to them, to take such measures as it is reasonable for a person in its position to take to keep them safe.
As client, the owner has the CDM 2015 duties. HSE says CDM makes a commercial client accountable for the impact its decisions have on health, safety and welfare on the project. The contractor has its own: it must not carry out construction work unless satisfied that the client is aware of the client duties, and it must plan, manage and monitor the work. The CDM 2015 guide sets these out. Where the owner controls work at height, HSE says the Work at Height Regulations apply to it, as the work at height checklist explains.
Who is the "occupier" when the building is let?
The 1957 Act does not define the occupier; it uses the people who would be treated as occupiers at common law. Section 4(3) of the 1974 Act adds that a person with an obligation under a contract or tenancy for the maintenance or repair of premises is treated as having control of the matters that obligation covers.
For example (a hypothetical), a landlord lets a 2,000 square metre warehouse. The tenant hires a roofer to fix a leak, and a roofer's employee falls through a rooflight painted over years earlier. The roofer's employer, the tenant and the landlord could each owe duties, depending on the lease, who knew about the rooflight and who controlled the job. All, some or none might be found at fault. The guide to who pays for a commercial roof covers how leases split roof responsibility.
What can an owner do to protect people and itself?
- Choose and check the contractor. HSE says contractors must have the skills, knowledge, experience and, where relevant, the organisational capability to do the work safely. Keep the evidence of what you checked.
- Tell the contractor in writing where the fragile surfaces are, what the asbestos register says and how access works. The fragile roofs guide lists the points.
- Ask for the risk assessment and method statement, including rescue, before work starts.
- Ask for insurance certificates. Gov.uk says an employer must hold Employers' Liability insurance covering at least £5 million from an authorised insurer. Check your own liability cover too: the ABI says liability insurance usually covers compensation to a third party for personal injury and loss of or damage to property.
- Control access and keep records of who attended, when, and what was agreed.
What should happen after an injury?
Make the area safe, get medical help, and keep the evidence: photographs, the method statement, permits and the names of those present. RIDDOR requires reports from the "responsible person", such as those in control of work premises when a reportable work-related accident has occurred, and HSE says reportability does not depend on finding blame. Tell your insurers promptly, and take legal advice before saying who is at fault. For a roof job that needs competent contractors, you can send an enquiry through the form on this site, and the commercial flat roof repair guide covers the safety points a repair should address.
Sources
- legislation.gov.uk, checked 22 October 2026: Occupiers' Liability Act 1957 s1 and s2; Occupiers' Liability Act 1984 s1; Occupiers' Liability (Scotland) Act 1960 s2; Unfair Contract Terms Act 1977 s1 and s2
- legislation.gov.uk, checked 22 October 2026: Health and Safety at Work etc. Act 1974 s2, s3, s4, s33, s47; CDM 2015 regulation 15
- HSE, checked 22 October 2026: Contractors, Are you a commercial client?, Work at height: the law, RIDDOR explained, GEIS5
- GOV.UK Employers' liability insurance and Association of British Insurers Liability insurance, checked 22 October 2026
Common questions
Does a signed waiver or an enter-at-your-own-risk notice protect an owner?
Not against a claim for personal injury caused by negligence. Section 2(1) of the Unfair Contract Terms Act 1977 says a person cannot, by a contract term or a notice, exclude or restrict liability for death or personal injury resulting from negligence. A notice can still serve as a warning, but under the 1957 Act a warning does not absolve the occupier unless it was enough to enable the visitor to be reasonably safe. This is general information, not legal advice.
If the roofer's employer is responsible, is the owner off the hook?
Not necessarily. An employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees, and a CDM contractor must plan, manage and monitor its work. Those duties sit alongside the separate duties of a person in control of the premises and of the client, so more than one party can owe duties after the same injury.
Does the owner need to see the contractor's insurance?
It is sensible to ask. Gov.uk says an employer must display its Employers' Liability certificate where employees can access it. Ask what other liability cover the contractor holds and for how much, and keep copies with the contract papers. What each policy covers depends on its wording, so ask the insurer or broker rather than assume.
Does the owner have to report a contractor's injury to HSE?
RIDDOR names employers (in relation to workers), some self-employed people and those in control of work premises as the responsible persons who report. Agree with the contractor, before work starts, who will report a reportable injury so that none is missed, and ask HSE or a legal adviser if the position is unclear.
Related guides
Check your re-roof against the rules
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