PeterW

Just had a quick look @jamiehamy at the Ask an Expert on Grand Designs Live and whilst there are PMs and Architects not a single bio or company website for the PMs especially mention CDM anywhere ..! I think the H&R shows do have a request email address for topics but will have a look later

3Ah are fine - those chargers are 30 min rapid charge on most of the newer LiOn range from Makita. For decent deals also have a look at FFX.co.uk

Ok - main contractor isn't a legal term, it's principal contractor for CDM 2015. You can have multiple principal contractors, one at each stage of a build potentially. As a domestic client you do not have to by law appoint a principal contractor, but if you don't then there is legal precedence in the legislation that states which becomes principal contractor.

This post isn't about ignoring CDM, it's about who's responsibility it is in law with respect to the Principal Designer role and it's a valid discussion. And an insurance company will not only walk away if you haven't done something, they will also walk away if you have - take responsibility in law for something you are not supposed to or liable for and you are on your own ..!

Because an undertaking is a legal definition in the Companies Act..! It is not that you are "undertaking building a house" it is the commercial construct of an organisation that is not a business and includes charitable organisations and other unincorporated associations. And if you want to get into the finer points of the Finance Act and VAT then yes, self builders get their VAT back as otherwise they would be disadvantaged by developers who can do the same as residential property sales are exempt from VAT.

A business is not an action in this legislation - buying a car is a transaction or contract for consideration under the Sale of Goods and Services Act. A sole trader is a business under the definition as the legislation states it as such : business” means a trade, business or other undertaking (whether for profit or not); so in this definition a business is a company or partnership (Companies Act definition) , a trade is a sole trader and an undertaking is as defined by the Companies Act again. These are statutory definitions not my interpretations and those are directly from the legislation.

That is incorrect - please read the Companies Act and the definitions from CDM2015 as that is what defines the term business. It's a legal definition in U.K. Law.

Not true ..! A project manager can get the trades - you do not need a main contractor ..!! And going back over this again - in U.K. Statue Law, under the HSAW Act and the CDM 2015 regulations, you cannot be a contractor - main or otherwise - unless you are a business as defined in the Companies Act If you disagree with that, find me the sections in the 3 pieces of legislation above that say otherwise as I'm damned if I can and I read and review legislation on a daily basis ..!

Smaller blades can be "steered" easier than larger blades however set at 22mm or whatever the depth is you won't have that much blade showing anyway. I usually rip straight down the tongue and cut the board at 45 degrees across so when it drops back in the loose bit doesn't have to sit on a joist.

Just to close this off the definition of business is clear here however in the Companies Act you will also find the legal definition of "undertaking" which is very relevant to this discussion. http://www.legislation.gov.uk/ukpga/2006/46/part/38/crossheading/meaning-of-undertaking-and-related-expressions

CDM is about whole system safety, not elements of it however the way it is written as a Statutory Instrument it has to cover every eventuality for all sites. CDM2015 is valid from a small build of a brick outhouse by a builder right up to a new power station - hence why there is grey and ambiguity in it, along with items that will never even be considered by a self builder. What many people do not understand is the interaction between legislation, and the Statutory Instruments. Take the line below for example : [From CDM 2015 Legislation] Explosives 21.—(1) So far as is reasonably practicable, explosives must be stored, transported and used safely and securely. That's it, the sum total of the legislation in CDM 2015 about that subject.It completely fails to mention the following : Explosives Act 1875 Explosives Regulations 2014 Explosive Substances Act 1883 Yet all of those have significant and onerous requirements on the contractor who uses them, yet CDM 2015 assumes the contractor is aware of these. In the same vein, and taking your point, under the CDM 2015 legislation a domestic client is responsible for site safety only where they can control it : 16 (3) A domestic client who controls the way in which any construction work is carried out by a person at work must comply with the requirements of this Part so far as they relate to matters within the client’s control. That is how the distinction is drawn, and that is how a court would look at the evidence. Was the item under the clients control..?

So in this case Regulation 16(2) relates and each contractor is responsible for their safety.

Have you gone direct ..??

Thanks - lets pick this up later

Ok whilst @JSHarris is doing that, can you @B52s clearly define from the SI how you believe self build by an individual is not exempt from CDM2015 as then we have both sides. Please can we ensure we use the SI and not any interpretation or guidance notes as this is the legal position we are looking at, not a 3rd party interpretation. Thanks

I'm surprised that is fibre too - usually used on process / steam pipes as it is suitable for over 100c surface temperature.

I'm still erring on the side of a utility room mounted unit here !! Check with Gary @bpc ventilation as I'm sure he will have an answer

Option 3 by default - which is where this all starts. If I don't appoint them as a domestic client, they become automatic anyway. My insurer has stated I have obligations (under Public Liability) which extend to to outside of the construction site as it is the entirety of the plot insured - CDM2015 only accounts for the construction site element. Even they don't believe there are CDM2015 implications for self builders and they are probably the largest specialist self build insurer in the market.

This is only 298mm deep and 600mm wide so would fit into a "normal" kitchen wall cabinet space http://www.nuaire.co.uk/our-products/catalogue/residential/heat-recovery-(mvhr)/mrxbox95ab-wm1/ Or even smaller - will fit inside a kitchen cabinet (and a good price too !) http://www.fantronix.com/acatalog/Polypipe-Silavent-HRX-Heat-Recovery-Unit-MVHR---Whole-House.html

Sorry, that is never going to happen !! Its not a requirement under any existing legislation and would create an administrative nightmare and HMRC would have a fit..!!

There shouldn't really be fibre / foil in modern small units as polymer insulation is far more efficient than fibre per mm. There are some MVHR units that will fit in a kitchen cupboard so there should be room in the utility....

I find it even more amusing now I've woken up (several coffees) to find the CITB Guidance Contradicts itself !!! https://www.citb.co.uk/documents/cdm regs/cdm 2015 - qa 3 self build projects.pdf Read the first paragraph... Q1. How does CDM 2015 apply to Self Build projects? A. There are a number of potential scenarios. In all these scenarios the self builder is a ‘domestic client’ if the structure they are building will be a residential home they will live in, and is not constructed as part of a business. If the self builder is carrying out the work for a business purpose, or to sell the property directly, then the self builder is not a domestic client and the whole of CDM 2015 applies. The document then goes on to list four scenarios ... The first 3 clearly state that a self builder is exempt, yet scenario 4 says they are not !!!! Talk about confuse the reader !!!!

I think what is starting to really annoy me is the way that organisations such as CITB and others are selectively quoting legislation and that changes its interpretation. For example, CITB guidance states this : 4. Where a self builder controls the way in which construction work is carried out, by a person at work, they must comply with all the matters outlined in Part 4 of CDM 2015. This requirement is set out in Regulation 16 of CDM 2015, (which effectively replaces Reg 26 in CDM 2007). This is not a new requirement. However the legislation states this : Application of Part 4 16.—(1) This Part applies only to a construction site (2) A contractor carrying out construction work must comply with the requirements of this Part so far as they affect the contractor or any worker under the control of the contractor or relate to matters within the contractor’s control. (3) A domestic client who controls the way in which any construction work is carried out by a person at work must comply with the requirements of this Part so far as they relate to matters within the client’s control. Note the bold in the last paragraph. That is fundamentally different to what is written in that guidance note ..!!!!

Contact Sennoke Insurance - they warrantied @PeterStarck build with a passive slab I found them cheaper than LABC too

That legally cannot happen for 2 reasons : 1. If a self builder became a business then they would breach the VAT requirements of HMRC for the self build VAT reclaim scheme - you would become a VAT registered business 2. Incorporating of a business under the Companies Act would require the self builder to create a company that would create and purchase assets (ie the house) which would attract stamp duty and other fees which would be wholly impractical and cost prohibitive. To be a project manager you do not need to direct the trades - that is the distinction. I would hazard a guess that the CITB guidance has never been challenged ...!