Jeez, why do the rich always seem to wiggle out of paying the taxes that the rest of us mere mortals have to pay! I'm confused as to how a private property can be owned by a business. I assume that the premises aren't used for business purposes? (though I'd like to know how you can buy a private house as a company?). I'd be inclined to say on the basis of that that they are not a domestic client as the propery is owned commercially. As this seems to be one of those cases of the someone using loopholes in the law for their own gain I would suggest that there is in fact no right answer though.

So by trying to avoid tax by registering the house in the name of a company they have got themselves in situation where CDM applies. Well that’s what happens if you try to be clever. No sympathy here!

Thank guys and girls, your views support my own. It will give me great pleasure in advising that CDM applies. Incidentally, the project is above the 30 day threshold and has already commenced without a C-DMC, F10, CPP, etc. Should be fun...

Pete48 Have to disagree as a domestic tenant would normally not be in a position to order works on a landlords property. I anticipate this person has some sort of senior role in the owning company and thus the house is more likely to be a company house used on a grace and favour basis via his role in the company. It is actually not that unusual. In the past when I have worked for such companies we actually did the construction work not the occupier. Ray - give the HSE a call if the client does not wish to pay Bob

My first thought was to make them pay the extra for notification etc. but then started to think that maybe the occupier has nothing to do with the property owner so could be a domestic client after all. As has been said CDM does apply it is notification in question here. You could ask HSE but they don't know the circumstances and I doubt they will bother to investigate further as nothing has gone wrong - yet? Ray please keep us informed.

C'mon Chris - the Client is the person who commissions the work!

Ok let's assume the client is domestic. Not notifiable, don't need a CDM-C or a PC. But certain bits of CDM DO still apply. There are general CDM management duties that apply to all construction projects, so some duties remain on clients, designers and contractors regardless of notification. Designer CDM duties apply to all projects, including non-notifiable and domestic. 'Designers' prepare drawings, conduct design analysis and, specify quantities, expected to avoid foreseeable risks by eliminating hazards, provide information for the health and safety file, take account of the Workplace (Health, Safety & Welfare) Regulations etc. CDM requires all organisation and individuals to be competent in the work they do, and competence assessment proportionate to the risk, size and complexity of the work. Part 4 of CDM 2007 contains the duties to control specific worksite health and safety risks and these apply to ALL construction sites. These are duties on every contractor & every other person who controls construction work. For ALL projects, dutyholders should provide information needed to carry out work with controlled risk.

All clients have a duty to appoint competent contractors and what is also possible - prepare a draft SWMP. It is only notification and CDMC that really concerns us here.

Chris Absolutely correct - was merely trying to point out the role of the domestic client in a broader sense. In fact the SWMP is also mentioned in the CDM acop, at least if my memory is correct but then am in my dotage:-) Bob