Every construction site in Great Britain must provide suitable and sufficient welfare facilities under Regulation 35 of the Construction (Design and Management) Regulations 2015, whatever the size or duration of the job. This means toilets, washing facilities, drinking water, somewhere to change and store clothing, and a sheltered place to rest. The principal contractor — or the sole contractor on a single-contractor job — is legally responsible for making sure these facilities are in place before work starts.
Welfare failures are one of the most common findings during HSE site inspections, and they are also one of the easiest breaches to fix. This guide sets out exactly what CDM 2015 requires, who has to provide it, and what happens if you do not.
What CDM 2015 requires for welfare
The specific welfare requirements sit in Schedule 2 of CDM 2015, given legal force by Regulation 35. Schedule 2 sets out five categories of provision: sanitary conveniences, washing facilities, drinking water, changing rooms and lockers, and facilities for rest.
The requirement is for facilities to be "suitable and sufficient" — a standard that scales with the size of the site and the number of people working there, rather than a fixed checklist of quantities. A two-person job requires far less than a fifty-person site, but both must meet the same underlying legal standard: facilities that are genuinely usable, clean, private and accessible throughout the working day.
Welfare provision is not something that can be deferred until the project is underway. Regulation 12 requires the principal contractor to plan and organise the construction phase before work begins, and welfare arrangements form part of that planning. On notifiable projects, welfare arrangements are typically set out in the construction phase plan alongside site rules, emergency procedures and significant risks.
Who welfare duties apply to
Welfare duties under CDM 2015 apply to every construction project in Great Britain, with no exemption based on size, value, duration or number of workers on site. The following parties are involved:
- Principal contractors — responsible for providing welfare facilities on any project with more than one contractor, under Regulation 12 and Regulation 35.
- Single contractors — a sole trader or one-firm contractor carrying out work without subcontractors carries the same welfare duty for themselves and any employees.
- Self-employed workers — must ensure suitable facilities are available to them while working, whether that means their own arrangement or making use of facilities provided by the principal contractor on a shared site.
- Clients — must allow sufficient time and resources under Regulation 4 for welfare facilities to be properly arranged, rather than expecting contractors to absorb the cost and time within an unrealistic programme.
- Domestic clients — welfare duties transfer to the contractor or principal contractor under Regulation 4(7), so homeowners are not typically the ones responsible for arranging facilities, but the legal duty still exists somewhere on the project.
If you are unsure whether a specific piece of work counts as construction work for CDM purposes, our guide on whether you need a risk assessment explains how the legal duties apply across different types of work activity.
Key duties at a glance
- Sanitary conveniences — toilets must be provided in reasonable numbers for the workforce, kept clean, properly lit and ventilated, and located so they are genuinely accessible during the working day.
- Washing facilities — hot and cold or warm running water, soap and a means of drying hands must be provided, located near toilets and any changing areas.
- Drinking water — an adequate supply of drinking water must be available, clearly marked if there is a risk of confusion with non-drinking water on site.
- Changing rooms and lockers — where workers need to change clothing or wear special protective clothing, secure storage must be provided for personal belongings and site clothing.
- Rest facilities — a place to sit, eat and prepare hot drinks away from the weather, dust and site hazards, with arrangements for pregnant or breastfeeding workers where relevant.
- Timing — facilities must be arranged before construction work begins, not added once complaints or inspections force the issue.
- Maintenance — facilities must be kept clean, stocked and functional throughout the project, and reviewed if the workforce grows.
- Documentation — welfare arrangements should be recorded in the construction phase plan and covered at site induction so every worker knows where facilities are.
Penalties for non-compliance
Welfare failures are enforced by the Health and Safety Executive under the Health and Safety at Work etc. Act 1974 and CDM 2015. Inspectors regularly issue improvement notices requiring facilities to be provided or upgraded within a set timescale, and can issue prohibition notices where conditions are serious enough to justify stopping work.
Under the HSE's Fee for Intervention scheme, inspectors can charge £163 per hour (2024 rate) for time spent identifying and following up a material breach — meaning a site visit that uncovers inadequate welfare facilities can generate a bill of several hundred pounds even before any formal notice is issued. Persistent or serious breaches can be prosecuted in the magistrates' court or Crown Court, where fines are unlimited.
Beyond the legal risk, poor welfare provision is consistently linked to lower morale, higher staff turnover on site and slower work, because workers without decent facilities take longer breaks off site to find them elsewhere. Understanding your wider legal position under the legal requirements for risk assessments helps put welfare duties in the context of your broader health and safety obligations.
How this relates to risk assessments
Welfare facilities are a specific, itemised legal requirement under Schedule 2 of CDM 2015 — but they sit alongside the general duty to carry out a suitable and sufficient risk assessment under the Management of Health and Safety at Work Regulations 1999. A risk assessment for a construction site should reference welfare arrangements alongside the significant hazards of the work itself, such as working at height, manual handling, noise and dust.
Our ultimate guide to risk assessment explains what a suitable and sufficient assessment must cover in more detail, and how welfare, first aid and emergency arrangements fit alongside task-specific hazard controls.
Anyrisks generates a site-specific construction risk assessment in under 2 minutes, covering welfare and induction arrangements alongside the trade-specific hazards for your job. Output is delivered as PDF and editable Word document for £29 through the risk assessment generator.
Welfare on small sites and short jobs
Site managers running small residential extensions or short commercial fit-outs often ask whether welfare duties really apply to a two-week job with two workers. They do. CDM 2015 sets no minimum project size, and the HSE treats welfare failures on small sites the same way it treats them on large ones.
In practice, many small contractors meet this duty by agreeing formal access to a client's existing bathroom and kitchen facilities, or by hiring a portable toilet and welfare unit for the duration of the job. Either approach is acceptable, provided the arrangement is genuine, reliably available throughout the working day, and kept clean. What is not acceptable is assuming a nearby public toilet or cafe counts as compliant provision — these are not reliably accessible and do not meet the "suitable and sufficient" standard. A site manager arranging a one-week loft conversion, for example, should confirm bathroom access with the homeowner in writing before work starts, provide bottled drinking water if mains access is not agreed, and set aside a covered area such as a garage or van for breaks — this simple planning step avoids both a compliance breach and a difficult conversation with an HSE inspector.
Also see: The Ultimate Guide to Risk Assessment · Do I Need a Risk Assessment · Risk Assessment Legal Requirements · Risk Assessment Generator
