Regulation 4 of The Control of Asbestos Regulations 2012 requires all duty holders under the regulations to manage asbestos in non-domestic premises.
Note: Although the regulations refer to non-domestic premises, where contractors are undertaking work within a domestic property the regulations apply.
Who has a duty to manage asbestos?
Under The Control of Asbestos Regulations 2012, the “duty holder” means:
- Every person who has by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress there from.
- In relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has to any extent control of that part of those non-domestic premises or any means of access thereto or egress there from, and where there is more than one such duty holder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.
In order to comply with that duty, the first step is to have a building surveyed for the presence of asbestos from which a management plan can be formulated.
There are two types of surveys that can be carried out:
- Management survey – used to locate and manage asbestos materials.
- Demolition or refurbishment survey – a more intensive destructive asbestos survey, carried out in unoccupied areas before demolition or major refurbishment of part or all of a building/property.
It is vital that these asbestos surveys are carried out by highly experienced surveyors who have the knowledge of where asbestos would have been installed and are backed up with quality PI insurance.