Section 3: Persons to whom the Regulations are addressed

Construction clients, coordinators, designers, employers and one-man enterprises shall ensure compliance with the provisions of these Regulations. The same shall apply to representatives of the client.

If the client is a consumer, see section 4 (d), only section 10 concerning prior notice shall apply.

Pursuant to the Regulations, the main responsibility is held by the client, while the other actors act as a direct consequence of the client’s instructions. The responsibilities of the client are regulated by chapter 2.

Pursuant to section 13, the client may designate a coordinator to safeguard coordination of the work pursuant to sections 14 and 15, but is nevertheless obliged to follow up the coordination.

The designer’s responsibilities are further described in chapter 3.

The responsibilities of employers and one-man enterprises pursuant to the Construction Client Regulations are regulated by chapter 4.

If the client has entered into a written agreement pursuant to section 16 that the client’s representative shall carry out specific responsibilities under the Regulations, the provisions concerning the client will apply correspondingly to the client’s representative.

The responsibilities of the client do not apply when the client is a consumer, but the responsibility to provide prior notice pursuant to section 10 also applies to consumers. For the definition of consumer, see the comments to section 4 (d). In cases concerning consumers, the regard for safety, health and working environment is deemed to be safeguarded by means of the requirements laid down in section 7 of the Erection of Dwellings Act of 13 June 19977, section 5 of the Building Trades Services Act of 16 June 19898, section 2–2 of the Working Environment Act and the Internal Control Regulations.

The Erection of Dwellings Act of 13 June 1997 applies to contracts with consumers concerning the erection of new dwellings. The term “contractor” in the Act also applies in cases where the terms building tradesman or prefabricated house supplier would otherwise be used. Section 7, first paragraph, of the Erection of Dwellings Act states a general requirement that the contractor shall exercise due care in safeguarding the interests of the consumer. It is natural to interpret section 7, first paragraph, of the Erection of Dwellings Act as entailing that the contractor shall safeguard considerations regarding safety, health and working environment in his performance of work for the consumer.

Among other things, this entails that the contractor shall prepare specific measures in connection with work involving risk to life or health when performing work for the consumer.

Correspondingly, section 5 of the Building Trades Services Act of 16 June 1989 lays down an obligation to exercise due care in safeguarding the interests of the consumer. The Act itself applies to repairs, maintenance, installations, alterations, etc. for consumers.

For information on the requirements regarding the main contractor’s coordination pursuant to section 2–2, second paragraph, of the Working Environment Act, see the comments to section 18. As regards the Internal Control Regulations, we refer particularly to the comments to sections 5 and 6 of the Internal Control Regulations.