Posted By Ron Hunter
The legal definition of construction work within the CDM Regulations specifically excludes site surveys.
You can view the definition within the Statutory Instrument at the opsi website.

Posted By Granville Jenkins
I would suggest that the requirement to follow CDM 2007 will depend on the type of survey that you are proposing to carry out i.e. a type 1 survey is non-intrusive and consists of a site walkabout and assumptions are made whether or not any material or components contain asbestos(and generally speaking a type 1 survey is not worth the paper its written on - and it is unlikely that the requirements of Part 2(4) Duty to Manage asbestos in non-domestic premises of the Control of Asbestos Regulations 2006(CAR2006)would be met), a type 2 survey is only slightly intrusive, small samples are taken of any suspect material and sent for analysis - a type 2 survey would meet the requirements of CAR2006. On a personal note I arranged for a type 2 survey to be carried out on a number of properties and the resulting reports have provided an excellent source of reference both for projects and staff queries. A type 3 survey is as intrusive as it gets and would include opening up works to access the suspect area/material and would only be carried out where there is either going to be demolition of a building or major refurbishment.

Getting back on track the CDM 2007 Regulations apply to all construction projects and includes maintenance and repairs the only differential is whether or not the project is notifiable.
A type 1 survey would not fall under the CDM regulations as there is no 'construction work' being carried out - a type 2 survey is only marginally intrusive and samples would be taken during unoccupied periods - a type 3 would definitely fall within CDM as serious'construction work' will likely need to be carried out to 'open up' the building.

However, within the scheme of things there would be a need to consider the requirements of Section 3 of the Management of Health and Safety at Work Regulations 1999 which places a responsibility on the dutyholder to carry out suitable and sufficient risk assessments. You could then find that a whole batch of other Regulations come into play, for example - 'Provision and Use of Work Equipment', 'Work at Height Regulations', 'Confined Spaces Regulations', 'PPE Regs' . . . and the job hasn't even started!!

Regards
Granville