In 2002 a duty to manage asbestos in non-domestic premises was established by the UK Government. This was recently updated to form the Control of Asbestos Regulations 2012 which all dutyholders of non-domestic premises must adhere to.
In many cases, the dutyholder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract.
The extent of the duty will depend on the nature of that agreement. In a building occupied by one leaseholder, the agreement might be for either the owner or leaseholder to take on the full duty for the whole building; or it might be to share the duty. In a multi-occupied building, the agreement might be that the owner takes on the full duty for the whole building. Or it might be that the duty is shared - for example, the owner takes responsibility for the common parts while the leaseholders take responsibility for the parts they occupy. Sometimes, there might be an agreement to pass the responsibilities to a managing agent.
In some cases, there may be no tenancy agreement or contract. Or, if there is, it may not specify who has responsibility for the maintenance or repair of non-domestic premises. In these cases, or where the premises are unoccupied, the duty is placed on whoever has control of the premises, or part of the premises. Often this will be the owner.
If you are unsure as to whether you are the 'duty holder' please contact us.
The duty to manage covers all non-domestic premises. Such premises include all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools.
Non-domestic premises also include those 'common’ areas of certain domestic premises: purpose-built flats or houses converted into flats. The common areas of such domestic premises might include foyers, corridors, lifts and lift-shafts, staircases, roof spaces, gardens, yards, outhouses and garages - but would not include the flat itself. Such common areas would not include rooms within a private residence that are shared by more than one household such as bathrooms, kitchens etc in shared houses and communal dining rooms and lounges in sheltered accommodation.
Further detail is set out in a chart of premises and includes which are likely to be classified as domestic or non-domestic for the purposes of the duty to manage.
Find out whether the premises contain asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos; assess the risk; and make a plan to manage that risk and act on it.
To discover how we can help you comply with the regulations, please contact us.
For further information regarding asbestos and asbestos regulations visit the HSE website.
The Control of Asbestos Regulations 2012 stipulates the dutyholder must adhere to the following regulations:
To discover how we can help you meet the requirements, please contact us.