FAQ For Landlords and Lettings
I am the landlord of a commercial building. What do I need to do to comply with asbestos legislation?
In many cases, the duty holder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract.
The duty to manage asbestos is contained in Regulation 4 of the Control of Asbestos Regulations 2012 (as amended).
It requires the person who has the duty (i.e. the ‘duty holder’) to:
- Take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in.
- Presume materials contain asbestos unless there is strong evidence that they do not.
- Make, and keep up-to-date, a record of the location and condition of the asbestos containing materials – or materials which are presumed to contain asbestos.
- Assess the risk of anyone being exposed to fibres from the materials identified.
- Prepare a plan that sets out in detail how the risks from these materials will be managed.
- Take the necessary steps to put the plan into action.
- Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date.
- Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them. There is also a requirement on anyone to co-operate as far as is necessary to allow the duty holder to comply with the above requirements.
I am the landlord of a commercial building. Do I need an asbestos survey on my building?
Why do I need an asbestos survey on my building?
There is no asbestos in my building. Do I still need a survey?
I am the landlord of domestic properties. Do I need an asbestos survey?
Do I need an asbestos survey prior to refurbishment works?
Do I have to let tenants know if there is asbestos in the building?
- Keep and maintain an up-to-date record of the location, condition, maintenance and removal of all ACMs on the premises
- Repair, seal or remove asbestos if there is a risk of exposure due to its condition or location
- Maintain ACMs in a good state of repair and regularly monitor their condition
- Inform anyone who is liable to disturb the ACMs about their location and condition
- Have arrangements and procedures in place so that work which may disturb the ACMs complies with CAR 2012
- Review the plan at regular intervals and make changes if circumstances change