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The duty to manage asbestos: a guide for landlords and managers

If you own or manage a non-domestic building, the law expects you to find out whether asbestos is present and to manage it. This guide sets out the basics.

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Who the duty applies to

People who own or are responsible for the maintenance of non-domestic premises, including shared parts of residential blocks. Where you are a tenant, the lease usually says who holds the duty.

What it asks you to do

  • Find out whether asbestos is likely to be present and in what condition.
  • Keep a record of it, usually a register.
  • Assess the risk from each material.
  • Prepare a plan to manage it and tell people who might disturb it.
  • Review and update the information regularly.

How a survey helps

A management survey does the first steps for you: it locates materials, takes samples and reports on condition. Keep the report and register on site and show them to contractors before they start work.

Re-inspections

Many duty holders have materials re-inspected periodically to check that they have not deteriorated. Ask the contractor what interval suits your building.

This guide is general information. It is not a survey and cannot confirm the presence or absence of asbestos in your building.

Quick answers.

Do I need a survey if my building is new?

Buildings built after 2000 are unlikely to contain asbestos, but check the date and construction.

Who is liable if a contractor disturbs asbestos?

It depends on the circumstances and the contract. Giving contractors the register before they start is a key step.

Does the duty cover a block of flats?

It can cover the shared areas. The managing agent or owner usually holds it.

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