Duty To Manage Asbestos
Table of Contents
Last Updated on 28 September 2021
Who has the ‘duty to manage’ asbestos in buildings?
If we start at the beginning, under the Control of Asbestos regulations 2012 there is a legal duty to manage asbestos in buildings you control.
This duty applies to all non-domestic property, but does it apply to you personally?
Duty to manage applies if:-
- You own the building;
- You are responsible through a contract or tenancy agreement;
- You have control of the building but no formal contract or agreement;
- You are the owner and have taken responsibility for maintenance and repairs for the whole building in a multi-occupancy building.
What is the duty to manage asbestos?
The duty to manage asbestos requires the person who has the duty to:
- take reasonable steps to find out if there are materials containing asbestos, 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, an asbestos management plan
- periodically review and monitor the plan
- provide information on the location and condition of the materials to anyone who is liable to work on or disturb them
What types of buildings are affected?
- All non-domestic buildings, whatever the type of business.
- The common areas of domestic buildings, e.g. halls, stairwells, lift shafts, roof spaces etc.
- All other domestic properties are not affected by the duty to manage.
Are there any other requirements under the duty to manage?
Yes – if you are not the ‘duty holder’ but have information about the building, you must co-operate with the duty holder. For example ‘leaseholders’ must allow managing agents access for inspection.
Now you know who is responsible and has the duty to manage, how do you meet that legal obligation?
The first thing to do is contact us to Arrange Asbestos Management on your property.
Please also read our blog post ‘How do I manage Asbestos?’ for the simplest way to proceed in managing any asbestos in your property’.
Organise an asbestos survey for your property today!
We can assist you with your duty to manage asbestos in your commercial property or non domestic building.
Whether it is a single property, or a portfolio of properties, RB Asbestos can carry out a comprehensive asbestos survey for your premises regardless of what industry sector you operate in.
The RB Asbestos team have three decades worth of experience in carrying out asbestos surveys, so you can have full confidence in us to handle your asbestos-related issues.
To discuss our services with a dedicated RB asbestos advisor, please call 0800 141 2676.
Alternatively, if you are unable to speak to our team over the phone right now you can arrange for us to contact you at a more suitable time by completing our online enquiry form.