The Control of Asbestos Regulation 2012 (CAR2012) and Health & Safety Guidance Notes 264(HSG264) state that any non-domestic building must have an asbestos management plan in place to comply with statute law.
The easiest way to sanction this requirement is to have an initial asbestos survey conducted, with a plan in place to continually monitor and record the conditions and changes in any suspect materials with in the building. Under the Act, this is the responsibility of the duty holder2.
This is any building used solely for commercial purposes, i.e. shops, offices, factories, and also buildings and property frequented by the general public, i.e. schools, libraries, doctors, dentists, council offices, and many more!
Blocks of flats and multiple – occupancy residential premises, require a management plan in place for the common areas, such as; corridors, foyers, lifts, stairs, lobbies, boiler and plant rooms, roof spaces, communal yards, gardens, garages etc.
Who is the dutyholder?
Not always a simple straight forward answer!
Those who have responsibility for the maintenance and / or repair of non-domestic premises have duties under CAR2012.
The duty holder could well be the landlord, tenant or a managing agent, depending on the circumstances of the case. In many cases responsibility is shared between two or more parties.
If you are uncertain of who is currently obliged to sanction the asbestos management plan in your premises we recommend you refer to your tenancy agreement, and to liaise with the building owner to ascertain the exact position between both parties enabling a prompt solution to be put in place.
It is fairly common for this subject to be a cause of conflict between parties however, a small initial outlay allowing peace of mind has got to be nicer than a possible heavy fine!