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I am seeking clarification on whether or not a contractor who has taken on domestic client duties, that they are required to commission an asbestos survey prior to any works commencing. The contractor is replacing a heating boiler new for old, albeit, in the absence of a demolition and refurbishment survey. The contractor is a sizeable M&E organisation and have proposed a specification meaning they are lead design under CDM 2015 and have appointed themselves as PD. The PD and Domestic Client i.e. the contractor, are obliged to fill any gaps concerning the pre-construction information, does this include a D&R survey? I appreciate any comments on this. Damian
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Rank: Super forum user 
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Damian
As a rule there are no h&s duties placed upon a domestic person, where there are duties they will fall to the contractor carrying out the work e.g. CDM 2015.
In the absence of any specific legislation (CAR 2012 specifically Reg 4. applies to non-domestic property) the contractor will still have a duty to ensure the health and safety of their staff, sub-contractors and also the client via HASWA section 2 and 3, MHSWR Reg 3, etc.
So, the bottom line is the contractor needs to ensure they are not creating any risks from asbestos fibres by disturbing the fabric of the building. In which case they will need a R&D asbestos survey unless there is evidence confirming there are no ACMs present. That is my understanding of the situation you describe.
Ray
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RayRapp is correct
The fact that it is in a domestic property makes no difference, the contractor doing the works has to be satisfied they will not be exposing themselves or the home owner to respirable fibre during the works. Unless the homeowner stated that they will take on the duties of Principal designer or Principal contractor (in writing) then this falls automaticlay onto the contractor and a targeted R&D survey will be required.
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My client is requesting a link to legislation that specifically implies a D&R survey must be carried out on a domestic premise prior to any works commencing. The only specific legislation that springs to mind is HASAWA 1974 section 2&3 along with perhaps the management regs and Consultation regs with a little of Regulation 14 CDM 2015 thrown into the mix, however, these general duties do not expressively mention Asbestos, so how do I convince my client that a R&F survey is a legal requirement.
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The Asbestos regs ACOP (Part 114 page 34 ) says – The thorough inspection of the premises will usually take the form of a survey. The survey should be comprehensive and systematic and the survey type should ensure that the duty holder meets their current occupational requirements: a management survey should be carried out to identify the asbestos for normal day-to-day occupation and maintenance of the building, and a refurbishment and demolition survey should refurbishment or demolition work be planned. Clearly this will depend on the extent of damage that will be caused during the works, if its only minor works then you could simply do samples where you think ACM might be but if they are going to be doing anything more extreme then something a bit more in depth is required – this only needs to be specific to the areas you are working in (which is why it’s a targeted R&D). and also assuming the age of the building is such that ACM's are likly to be present
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JL, would you say this includes a domestic property?
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Originally Posted by: damian2701  JL, would you say this includes a domestic property? Would you additionally say that a dutyholder under CDM 2015 i.e. the domestic client, would be the same dutyholder under COA2012 in the grander scheme of things?
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Rank: Forum user
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Damian
I would say the fact it is a domestic property makes no difference. The company doing the work have a duty to protect their employees and anyone who may be affected by their omissions. Think about it this way –if they don’t do ACM sampling or an R&D survey and expose themselves to large amounts of ACM fibre do you think the HSE will let them off because they were working in a domestic property (can’t see that excuse working in front of a judge)
Clearly if the homeowner did this themselves and it was not part of a business then this would be a different story.
The HSWA 1974 takes priority -section 2 & 3, in order to meet this obligation and ensure best practice is observed we follow the regulations and guidance that sits below the Act
If a domestic client (under CDM) doesn’t specifically state that they are going to take on the duties of Principal contractor/Designer (in writing) then this automatically transfers to the contractor.
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Regulation 5 of CAR2012 states:
(1) An employer must not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose employees of that employer to asbestos in respect of any premises unless either—
(a) that employer has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises; or
(b) if there is doubt as to whether asbestos is present in those premises that employer— (i) assumes that asbestos is present, and that it is not chrysotile alone, and (ii) observes the applicable provisions of these Regulations
So the reality is, it makes no differeance the type of property you are working in, a survey will still be required by law
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Rank: Super forum user
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Sibob You quoted the relevant regulation in CAR. It doesn't mention "survey". It says to make an assessment or to assume the presence of ACMs and to assume that these might include amphibole types of asbestos (i.e. all types other than chrysotile).
Depending on the nature of the job the contractor could justifiably assume the absence of ACMs. This is not to excuse the contractors who choose to proceed without survey when conditions are such that it should be done.
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