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Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I I legally own a site but a main contractor is bulding

Customer Question

Hi, I I legally own a site but a main contractor is bulding my house and my neighbours house who is responible for the public liability? If the builder has public iability does this keep me covered for everything (ie anyone coming on site and injuring themselves etc etc)
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : If you have instructed a Company to do the work then they should be holding public liability insurance. This is a legal requirement for any firm carrying out work.
Alex Watts : You would do well to ask them for a copy of their certificate so that you can satisfy yourself they have it.
Alex Watts : But it is a legal requirement for a business to have this insurance so the liability would be on them and up to them.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent.If you need more help then please click reply. Thanks - Alex
Customer :

If I am building my own house though (and using builders/ sub contractors) I have to have the public liability insurance? what is the difference here.

Alex Watts : You have insurance in case anyone breaks in and hurts them
Alex Watts : You have a duty under the Occupiers Liability Act
Alex Watts : The contractor has a legal requirement and covers injury while they are on site.
Customer :

So why do I not need it if I own the site but a main contractor is building? in this scenario do I not still need the insurance in case anyone breaks in?

Alex Watts : You are the owner and you need insurance pursuant to the occupiers liability act. The contractor needs I surname as per health and safety at work act.
Alex Watts : Does that clarify for you? Alex
Customer :

so basically we both need public liability but for different reasons?

Customer :

sorry re the occupiers liability act, I wont be occupying the house until its finished, just own the plot and then the house as being built ?

Alex Watts :

Yes but the owner of land is responsible for the safety of others, even if those others are trespassers!

Alex Watts :

Does that help?