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Milkyken  
#1 Posted : 11 July 2019 22:50:33(UTC)
Rank: New forum user
Milkyken

Hi,

Bit of a query around CDM and duties.

If a property management company is paid to as it say manage properties by owners of flats within the building and the Property management company appoint contractors to undertake construction works where does the client duty lie? i'd think the property management company but not 100% sure.

In some properties owners may live in the flats they own so are domestic owners yet some rent the properties out. they all pay a fee in to the property management company who then undertake work when required such as fixing ridge tiles or clearing gutters etc etc

Some property owners have comitees who decide sometimes on the works and tell the property management company what needs doing with the money at some of the properties.

Additionally when it comes to fire risk assessments how far would this also go for the properties? communal areas for the property management company yet internally the owners responsibilty?

Thanks in advance

RayRapp  
#2 Posted : 12 July 2019 08:22:07(UTC)
Rank: Super forum user
RayRapp

Hi, I will try to answer your questions...in the scenario of the property management company engaging contractors to carry out work I believe the property management company become the client under CDM. The principle being whoever pays the money is the client.

With flat owners engaging contractors they are domestic clients under CDM and the duties transfer to the contractor. However, this may not be the case where the flat owners have a committee such as a Freehold Management Company, which could be viewed as a commercial enterprise and therefore would be the client under CDM.

FRAs only apply to the communal areas of flats. Individual flats are not part of the FRA process with the exception of flat front doors because they are normally part of the fire compartmentation.   

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