If a scaffold is not being used it does not require a seven day sign-off.

It will however require a thorough competent inspection prior to any further use or dismantling.

You mention the contractor has gone in to administration meaning they no longer control the premises.

You need to look to the developer as being accountable for site security (exclusion of the general public).

Really you need the contractual paperwork for reference as to who has responsibilities as whilst you mention a developer at whose request is the construction happening? Are they building on behalf of the landlord or constructing for their profit and the payment of rent for the land under the construction.

Ideally you need some form of default clause which permits your changing the locks and securing the site.

As you identify and Roundtuit has already said, the '7 day' regime does not apply - the actual requirement is not that scaffold must be inspected every 7 days, it is that scaffold being used for work at height (within a definition found in the regs) must have been inspected within teh preceding 7 days.  Therefore, if no-one is using it for work at height, it doesn't need (these) inspections.

Reg 12 has a separate requirement however that work equipment "exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected at suitable intervals", without specifying suitable intervals.  There's also the HSWA "duty of every employer to conduct his undertaking" etc.  If the scaffold reaches the point of falling down and endangering anyone I expect someone will come looking for who is responsible.  I don't think you / the developer can just assume no-one is responsible for the scaffold.

If the PC has gone bust, doesn't the scaffold company want their tubes back? 

"I have known the HSE refuse to investigate empty/closed sites/buildings for this reason. " until there is an accident?

There was the case of an abandoned factory a few years ago where the previous occupiers had left a "picking tank" with acid in it. someone fell in and the HSE got involved.

Surely if the all the CDM people disappear then the thing returns to the owner or person in control. If they are an employer they will still be liable under HSWA.  

Ian 

I think you should probably start by ignoring the scaffold for now and asking "who controls this site?"

The wording of your questions suggests that you might think that the answer to that question is "the developer."

But, it might be that BOTH you as landlord AND the developer "has, to any extent, control of (the) premises" and access to it.

However, perhaps the level of control that each has might be different; hence what each can reasonably do is also different.

If you can unravel the balance of control, then it will be easier to make judgements on what to do.......including as regards the scaffold. There is probably lots of contractual paperwork that someone needs to scrutinise to help work this all out.

Grim, it's very likely that the scaffold is on hire and that the scaffolding company is amongst the creditors waiting to hear how much they will get paid for X weeks of hire

AND also wondering who will pay for the scaffold to be taken down OR for it to be left in situ until somebody decides how to progress the development.

Scaffolding contractors tend to keep limited quantities of supply -  they store their scaffolding materials erected on sites. Take them down and put them up somewhere else. Thence not much room back in the depot.

Karan, did you get that from AI?

Have you ever dealt with such a situation?

This is one for the qualified and experienced lawyers and will depend on multiple variables including what paperwork is in place to anticipate such eventuality.

Your answer might be right, but it might quite easily be very poor advice.

Hence, why I put lots of qualfications on an earlier post. 

Edited by user 08 October 2024 12:40:22(UTC)  | Reason: Not specified

Sorry achrn, but I do not believe that Karan has either the knowledge or experience to make the following statement:

Developer’s Responsibilities: When the Principal Contractor (PC) goes into administration, the developer usually takes over the PC’s duties under the Construction (Design and Management) Regulations (CDM). This includes ensuring health and safety on site, even if no work is currently being carried out.

General Health & Safety: The developer is generally responsible for maintaining safe access and egress, as well as the overall safety of the site. This includes managing any potential hazards, such as scaffolding.

All you have to do is to check their postings to identify that Karan is very unlikely to have a track record of advising on OSH issues in the construction sector, let alone deal with the intricacies of Occupier's Liability.

Even with the the inclusion of a "usually" and a "generally" the advice given could easily be misused to very costly effect.

In order to make the comment that this is "usually" or "generally" what happens with any authority, someone would either have to have the experience or be quoting someone else's thinking. That someone else could easily be AI these days, or it might be words from one of those consultancies that does well from chucking out generic guidance that can be positively dangerous in the wrong hands.

Looking through S.I. 2015 No. 51 (CDM) there are no provisions stated for changes.

Acts and regulations are rarely written to include contingencies.

Developer is not a named or defined role under CDM - Client is.