Asbestos
Asbestos containing materials (ACMs) pose little risk when kept in good condition. Damaged or disturbed ACMs can release fibres into the air and, if breathed in, these fibres can cause asbestos-related diseases. The law requires parties in control of non-residential properties to identify and manage asbestos to reduce the risk of exposure. These 'dutyholders' must
- find where ACMs are located
- regularly check the condition of ACMs
- manage the risk of harm to anyone who enters the building
You should learn about your legal duties under the Control of Asbestos Regulations 2012 (CAR 2012) and the Approved Code of Practice (ACOP). The Health and Safety Executive's website also provides guidance on asbestos management.
Your responsibilities
Most Council tenants are the dutyholder for their property and must manage asbestos and its risks. Where available, the Council will give you an Asbestos Register for your property at the start of your lease.
You must send up-to-date copies of the Asbestos Register to the Council when
- your lease ends
- you renew your lease
- you assign your lease
- you plan to carry out building works
If you do not provide these documents, the Council will pay for new copies and recharge any costs to you. We may also ask to see copies of your Asbestos Management Plan.
Building Works
Where you carry out any physical alterations to your property a Refurbishment and Demolition Survey may be required.
Shared spaces
When a commercial property has shared areas (like common areas of a business estate), the Council may act as the main dutyholder for all tenants for these areas. Any costs will be recharged through the service charge. In this situation you and any one else with a level of control of the building will remain a dutyholder and have responsibilities under CAR 2012.
Where the Council does not act as a dutyholder, it will be your responsibility to speak to other tenants and ensure that dutyholder responsibilities are met.
Health and Safety at Work Act 1974
As an employer, business owner, or service provider you will also have duties to your employees and members of the public using your business or service under the Health and Safety at Work etc Act 1974.
Get advice
If you do not understand dutyholder responsibilities or how to meet your legal duties, please seek independent advice.