Who is Responsible for Asbestos Management?

It is absolutely crucial that the responsibility for asbestos is clear.
The following information provides useful guidelines.

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Whose Responsibility – Asbestos Survey?

The Control of Asbestos Regulations 2012 requires all none domestic buildings to have an asbestos survey carried out that conforms to HSG 264 (formerly MDHS 100) surveying standard.

It is the responsibility of the ‘dutyholder’ under current regulations to commission an asbestos survey if required.

The dutyholder is usually the owner or maintaining leaseholder of the property.

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Important Note Regarding Sub-let or Shared Ownership

Where properties are sublet, or have shared ownership, there may be more than one dutyholder. If a commercial property is sublet to several tenants under maintaining leases there will be multiple dutyholders.

For example in a shopping centre, individual shops may have a responsibly for their own units, while the landlord will have responsibility for the common areas of the building, such as the stairwells, roof spaces, lift shafts etc.

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Whose Responsibility – Asbestos Management

When a survey to a property outlines the presence of asbestos containing materials (ACM’s) there is a legal duty to manage the materials.

The ACM’s must be safe, sealed, labelled and robustly managed (a permit to work system may be required). The asbestos management system is a written document which should be reviewed at least annually or following any significant changes (such as ACM removal).

Key staff may require asbestos awareness training to adequately implement the management system. Please contact us for course details.