Asbestos disclosure; what are your duties as a UK landlord?
Last Updated on 10 October 2023
Asbestos duties for a UK landlord
Here at RB Asbestos, our team are regularly approached by UK landlords asking specifically about landlord disclosure responsibilities when it comes to asbestos.
Landlords contact us seeking clarity on what exact responsibilities they have when it comes to asbestos and what their duties are under UK regulations.
This is an area that is not as crystal clear as you may think, but don’t worry, because the R B Asbestos team have all the answers you need.
In our blog post, we explore this topic further, and provide you with all the information that you need as a landlord regarding the disclosure of asbestos in your property.
Are commercial landlords responsible for asbestos?
This can be a challenging area as there are differences between commercial and domestic situations. The Control of Asbestos Regulations CAR 2012 cover all aspects of this area, along with their various guidance documents.
For commercial landlords the responsibility for the management and disclosure of asbestos details lies generally with the landlord in the UK, or the tenant, based on the lease drawn up. Whomever is responsible for the maintenance of the property (or their part of the property) is required by law to have an asbestos survey in place, this is known as an ‘asbestos management survey’.
They must also (if asbestos is present) have an ‘asbestos management plan’, to protect the occupants and tradespeople, and this must be reviewed and asbestos re-inspected at least annually. All this assumes the property was constructed before 2000. All asbestos use was banned in the UK in late 1999.
It is important for commercial landlords (or the tenant, depending on the lease) to fulfill their responsibilities under the regulations to protect the health and safety of their tenants (or staff/visitors) and others who may be exposed to asbestos in the building.
Failure to do so can result in enforcement action by the Health and Safety Executive (HSE) and potential fines and legal liabilities.
Do the same rules apply for residential landlords?
For the residential landlord in the UK, the treatment is different for the management and disclosure of asbestos.
Under the asbestos regulations, there is no legal requirement to have a survey in place for a domestic dwelling. However, if the domestic dwelling is part of a larger block with ‘Common areas’ then the duty to survey and manage still applies to the landlord. Such areas may include;-
- Ceiling spaces
- Lift shafts
- Plant rooms
- Bike stores
- Outer roof areas
However, it’s also crucial to remember that (Under Regulations 5.6 of the CAR 2012), if tradespeople access the ‘residential part’ of the property there is a duty on their employer to protect them from asbestos. This is why companies are asking for asbestos surveys of the residential aspects, to protect their staff, prior to starting work.
Contact RB Asbestos today for help with UK landlord asbestos disclosure
If you are a UK landlord aiming to ensure that asbestos within one of your buildings is safely managed and you can provide full disclosure to tenants, then contact the RB Asbestos team today. Our team will work closely with you to ensure that you are fully compliant with all asbestos regulations. Learn more about our asbestos services.
Or if you would simply like to speak to a dedicated member of the RB Asbestos team about your responsibilities as a UK landlord and how to provide disclosure about the asbestos in your properties, give us a call now on 0800 141 2676.
Unable to speak to us over the phone right now? No problem, as you can also contact us online by providing a few quick details and contacting us online.