Asbestos, a once widely used building material, is now recognised as a significant health hazard. While it’s not illegal to have asbestos in a building per se, it’s crucial to understand the regulations surrounding its management and removal to ensure the safety of occupants, workers, and the public.
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The Legality of Asbestos in Buildings
It’s important to clarify that asbestos itself is not illegal. However, the way it’s managed and handled is strictly regulated to prevent exposure to its harmful fibres. The Control of Asbestos Regulations 2012 (CAR 2012) outlines the legal framework for managing asbestos in non-domestic premises.
Key Regulations and Obligations
Under CAR 2012, building owners and occupiers have several key obligations:
- Asbestos Survey:
- Pre-Demolition and Refurbishment Surveys: Before undertaking any demolition or refurbishment work, a thorough asbestos survey must be conducted to identify and assess the presence and condition of asbestos-containing materials (ACMs).
- Management Surveys: Regular management surveys are required to monitor the condition of ACMs in non-domestic premises.
- Asbestos Register:
- Maintain an accurate and up-to-date asbestos register detailing the location and condition of all ACMs within the premises.
- Asbestos Removal:
- If asbestos-containing materials are identified, they must be removed by licensed asbestos removal contractors.
- The removal process must be carried out in strict compliance with CAR 2012.
- Employee Training:
- Ensure that employees who may come into contact with asbestos are adequately trained to recognise ACMs, understand the risks, and follow safe working practices.
- Risk Assessment:
- Conduct regular risk assessments to identify potential asbestos exposure risks and implement control measures to minimise them.
The Risks of Asbestos Exposure
Exposure to asbestos fibres can lead to serious health problems, including:
- Asbestosis: A lung disease that causes scarring of the lungs.
- Lung Cancer: Asbestos exposure significantly increases the risk of lung cancer.
- Mesothelioma: A rare but fatal cancer of the lining of the lungs, heart, or abdomen.
Legal Consequences of Non-Compliance
Failure to comply with asbestos regulations can result in severe consequences, including:
- Legal Penalties: Companies and individuals may face significant fines and prosecution.
- Civil Liability: Building owners and occupiers may be liable for compensation claims from individuals who suffer from asbestos-related illnesses.
- Reputational Damage: Non-compliance can damage your company’s reputation and lead to loss of business.
How Blackstone Solicitors Can Help
Blackstone Solicitors can provide expert legal advice and support to construction companies, building owners, and occupiers regarding asbestos compliance. Our services include:
- Legal Advice: Our solicitors can advise on your legal obligations under asbestos regulations and help you understand your rights and responsibilities.
- Contractual Review: We can review contracts to ensure that asbestos-related risks are adequately addressed.
- Dispute Resolution: If disputes arise with contractors, clients, or regulators, we can represent your interests and seek a favourable outcome.
By understanding and complying with asbestos regulations, you can protect the health and safety of your workforce, clients, and the public. If you have any questions or concerns about the legal implications of asbestos, please contact Blackstone Solicitors for expert legal advice and support.
How we can help
We have a proven track record of helping clients deal with construction law. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/
How to Contact Our Construction Solicitors
It is important for you to be well informed about the possible implications of a construction issue. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Construction solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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