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Commercial buildings across the UK still contain large amounts of asbestos. But who is responsible for managing asbestos in commercial buildings?
In this guide, EMS are going to look at who is responsible, the legal duties surrounding asbestos, the duties of property owners and landlords, the role of tenants, the shared responsibilities between tenants and landlords and the legal implications of non-compliance.
The management of asbestos in the UK is governed by the Control of Asbestos Regulations (CAR) 2012.
Under these regulations, ‘duty holders’ are required to implement a plan to safely manage Asbestos Containing Materials (ACMs). A ‘duty holder’ is usually defined as the building manager, owner or operator or an employer.
Management of asbestos involves identifying any ACMs in your property and then either making sure that they are not disturbed or having them removed, depending on the situation.
In almost all cases, property owners and landlords are responsible for the ongoing management of asbestos in commercial properties. They are required to initially identify any ACMs through an asbestos management survey and then implement and maintain a rigorous asbestos management plan in accordance with recommendations made in the asbestos report. Regular asbestos reinspection surveys should also be arranged to ensure the safe condition of the materials. Read more about asbestos reports for commercial properties in our blog post.
When a property owner or landlord rents a property to a tenant, they need to make copies of their management plan as well as the locations of any ACMs available to the tenant for their safety. However, despite popular misconception, a prospective tenant cannot force a landlord or property owner to conduct an asbestos survey.
Through the careful drafting of tenancy agreements, it is possible for landlords to transfer much of the responsibility for the management of asbestos in commercial buildings to the tenant. However, the landlord cannot shift all the responsibility to the tenant – they will still be responsible should the tenant default, for example.
Landlords are required to alert tenants to the presence and location of any ACMs, so tenants can ensure they are properly managed during their tenancy.
In some properties, such as those with communal areas, the tenants and landlord will share responsibility for asbestos management. The tenants may be responsible for managing it within their rented spaces, but common areas, such as corridors or kitchen facilities, will be the domain of the landlord.
In these situations, it is important to maintain good communication between tenant and landlord to ensure consistently safe and legally compliant management throughout the property.
At EMS, we offer a range of asbestos surveys including asbestos management surveys, asbestos refurbishment surveys and asbestos demolition surveys. We’ve been helping owners and landlords of commercial properties maintain legal compliance and safeguard occupants since 2003 through surveys and asbestos management plans.
To book your survey, discuss management plans or even learn more about asbestos regulations, call us on 0800 358 1100, email info@emsgroupuk.com or fill out our contact form.
