Asbestos Removal

Asbestos - Legislation

In 2002 a duty to manage asbestos in non-domestic premises was brought in and included within the Control of Asbestos at Work Regulations (CAWR) which has now been superseded by the Control of Asbestos Regulation 2012 (CAR 2012). Regulation 4 requires 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; and
  • provide information on the location and condition of the materials to anyone who is liable to work on or disturb them

Who is the 'dutyholder'?

You are a 'dutyholder' if;

  • you own the building;
  • you are responsible for the building through a contract or tenancy agreement;
  • there is no formal contract or agreement but you have control of the building;
  • in a multi-occupied building, you are the owner and have taken responsibility
  • for maintenance and repairs for the whole building.

If you are unsure as to whether you are the 'duty holder' please seek advice.

What buildings are effected?

The duty to manage covers all non-domestic premises built before the year 2000. Such premises include all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools. Non-domestic premises also include those 'common' areas of certain domestic premises: purpose-built flats or houses converted into flats. The common areas of such domestic premises might include foyers, corridors, lifts and lift-shafts, staircases, roof spaces, gardens, yards, outhouses and garages - but would not include the flat itself. Such common areas would not include rooms within a private residence that are shared by more than one household such as bathrooms, kitchens etc in shared houses and communal dining rooms and lounges in sheltered accommodation.

How do 'dutyholders' comply?

  • find out whether the premises contain asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos;
  • assess the risk; and make a plan to manage that risk and act on it.

For further more detailed information regarding asbestos legislation visit: http://www.hse.gov.uk/asbestos/

Duty to Manage...Dutyholder's responsibility....The management of asbestos in non-domestic premises...