If you own a property you need to know when you need an asbestos survey and if it's a legal requirement. Find out more in this article.
Managing Asbetos as a Property Owner
Whether you have a residential or commercial premisses, the question often comes up. Am i required legally to have an asbestos survey?
The answer depends on the situation, as an owner you have a "duty to manage" meaning that you have a duty upon people exposed to the property and the potential health problems of inhaling asbestos.
It is not always the case that it's your duty and sometimes you might have an asbestos survey just for peace of mind or safety of your family.
What is a Duty to Manage Asbetos?
The Control of Asbestos Regulations (CAR) 2012 set all the guides on the duty to manage with asbestos.
The duty to manage asbestos is in regulation 4 of the Control of Asbestos Regulations 2012. It requires the duty holder to:
take all reasonable steps to find out if there are materials containing asbestos in non-domestic premises, 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, a record of the location and condition of the asbestos- containing materials - or materials which are presumed to contain asbestos
assess the risk of anyone being exposed to fibres from the materials identified
prepare a plan that sets out in detail how the risks from these materials will be managed
take the necessary steps to put the plan into action
periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date
provide information on the location and condition of the materials to anyone who is liable to work on or disturb them
What Properties Does a Duty to Manage Cover?
Leisure centres
Warehouses
Offices
Shops
Hospitals
Schools
Factories
Dental and G.P. practices
Care homes
Domestic Premises
The duty also covers ‘common’ areas of some domestic buildings. Blocks of flats have areas such as:
Garden/Yards
Corridors/Hallways
Lifts
Staircases
Roof areas
Outhouses
Foyers
What Steps You Take for a Duty to Manage?
Locate any asbestos containing material and asses the condition.
Assess the risk of the located asbestos.
Make a plan to manage the risk and carry out any recommended actions by the asbestos survey.
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