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Posted By teaboy
good morning knowledgeable colleagues
a question:
an individual is clearing a site in order to build a property for himself and his family to live in. on the site are 2 large sheet asbestos barns. He intends to demolish and dispose of the barns himself (he is a builder but this site belongs to him as opposed to his company) after the site is cleared, he will employ some of his sub contractors to build his house.
am i correct in assuming that as a private individual, he would have no client duties under cdm?
is the demolition notifiable under cdm?
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Posted By The toecap
I believe you are wrong. I am sure that he is the client. And anyway he still has duties under reg 4 ( i think) to provide information, such as services etc. Anyway, i am open to criticism
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Posted By teaboy
it appeared to me that under para 31 of the ACoP, that domestic projects are non notifiable and domestic clients have no duties unless they control work, then they have duties under part 4 (para9 ACoP).
i should have mentioned that it is his intention not to be involved in the build process.
its the demolition he will be involved in
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Posted By steve e ashton
CDM definitions: Reg2 .1. " A client means a person who in the course or furtherance of a business...."
So if your man is a domestic person doing DIY -which is what the shed removal 'seems' to be -then there will be no CDM duties on him as a client.
And if he acts as a domestic person employing builders for the construction phase - then he still avoids CDM liabilities. (The PC has some...)
BUT... If he then plans to sell the property for a profit - and that sale is seen as a part of his trade or undertaking - then he is a developer and a client for CDM purposes. HSE may take the view that as a 'builder' the property is being built as part of his business, and there could be some awkward questions asked. It may be difficult for the builder to provide evidence that the project was for personal use and 'not for profit'...
Interesting question...
Steve
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Posted By Bob Youel
additionally; even in your own home/property irrespective of CDM the asbestos, environmental and transport laws apply so your friend should not just drop an asbestos shed and throw it away
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Posted By teaboy
thanks for the advice guys, what i'm trying to ascertain is, as a domestic project, is the demolition notifiable?
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Posted By Catman
Hi Teaboy
Only if it is part of the overall construction phase which exceeds the 30 days or 500 person days.
Demolition in itself is no longer a trigger for notification. There is however a legal requirement for a written method statement.
Cheers
TW
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Posted By Catman
Sorry, meant to say.
If he is a domestic client, he does not need to notify or appoint a CDMC.
However.....
The rest of the regs still apply and as a professional builder, it would be prudent to ensure they are stringently applied.
Cheers
TW
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