On 21 May 2004, the duty to manage asbestos came into force. Regulation 4 of the Control of Asbestos at Work Regulations 2002 had been on the statute book since November 2002, with eighteen months allowed for preparation. Anyone who owned, leased or managed offices, shops, industrial units, schools, churches or the common parts of blocks of flats, and had not yet acted, needed to act then.
Who is the dutyholder?
The duty falls on anyone who, under a contract or tenancy, has an obligation for the maintenance or repair of non domestic premises. Where there is no contract or tenancy, it falls on whoever has control of them. In let buildings the duty may be shared, and the lease will usually show who is responsible for which parts. Where several parties share the duty, they must cooperate.
What the duty requires
- Find out. Take reasonable steps to find out whether asbestos containing materials are present, and their amount and condition.
- Presume. Treat materials as containing asbestos unless there is strong evidence that they do not.
- Record. Keep a written, up to date record of where asbestos is or is presumed to be, and its condition.
- Assess. Assess the risk of anyone being exposed.
- Plan. Prepare and put into effect a plan to manage that risk, and review it regularly.
- Tell. Give the information to anyone likely to work on or disturb the materials.
Linking it to maintenance
An asbestos register should not sit in a drawer. It is most useful when it is part of the way the building is maintained. Before any contractor starts work, they should be shown the relevant information. Before any significant refurbishment, a more intrusive survey of the areas affected will usually be needed. Planned maintenance programmes should allow for the cost of dealing with asbestos where it is likely to be disturbed.
For landlords and tenants
At the start of a lease, both sides should know what information exists and who holds it. At the end of a lease, asbestos records and any removal work can become part of the dilapidations discussion. Clear records help everyone.
Our advice
If you do not yet have an asbestos survey and register, commission one, make sure it covers every area you are responsible for, and build its findings into your maintenance plan.
See our Building Surveys and Defect Diagnosis and Planned Preventative Maintenance services, and a later maintenance plan for a Grade II listed building.