The critical scope boundary: construction landscaping vs maintenance
HMRC's CIS 340 scope guidance draws the line explicitly: tree planting and landscaping carried out in the course of forestry or estate management are NOT construction operations. Tree planting and landscaping as part of a new housing development ARE construction operations. Finance Act 2004 s.74 includes landscaping within construction only where it is preparatory to or forms an integral part of a wider construction operation. Routine grounds maintenance, ongoing gardening, mowing, hedge-trimming and seasonal upkeep of existing grounds are outside CIS in all cases. A landscaper who works on new-build housing sites, commercial developments and construction project soft-landscaping is in CIS for those contracts. A landscaper who does only ongoing maintenance for existing property owners is not in CIS at all. Many landscapers work across both types and need their contract mix assessed.