Landlords and Asbestos Q&A
Do I need an asbestos survey?
If you are the landlord of a property built before the year 2000 then yes, you should have an asbestos survey.
Why do I need to have an asbestos survey?
Legislation dictates that there is a duty to manage asbestos in non-domestic premises. (Non-domestic premises include the common parts of domestic premises e.g. a shared entry lobby in a house converted to flats).
What legislation and where can I get a copy?
The Control of Asbestos Regulations 2012 (CAR 2012), specifically Regulation 4: Duty to manage asbestos in non-domestic premises. A copy can be downloaded from here. (Recommended)
What does the legislation require that I do?
The legislation requires dutyholders to ‘identify the location and condition of asbestos in non-domestic premises and to manage the risk to prevent harm to anyone who works on the building or to building occupants’.
What kind of asbestos survey do I need?
‘a Management Survey should be carried out to identify the asbestos for normal day-to-day occupation and maintenance of the building, and a Refurbishment and Demolition (R&D) Survey should refurbishment or demolition work be planned’.
CAR 2012 – Approved Code Of Practice
If refurbishment or demolition is planned to part but not all of the property, an option would be a targeted R&D survey to areas affected by planned works, with a management survey to the remainder of the property.
But my properties are houses and flats with no communal areas, they’re domestic premises.
In which case the CAR 2012 do not apply but Section 3 of the Health & Safety at Work Act does. This is referred to in the CAR 2012 guidance section 92 and more can be read here.
What if I don’t bother?
If you don’t have a plan to deal with asbestos and put it into action you could face:
- a fine of up to £20,000
- imprisonment for up to 12 months
For a serious breach you could face an unlimited fine and/or imprisonment of up to 2 years.