Managing asbestos in commercial properties is a legal obligation that requires careful attention. For construction companies working in or with commercial buildings, understanding who holds responsibility for asbestos management is essential. Failing to identify and manage asbestos risks properly can lead to legal penalties, project delays, and health hazards.
At Blackstone Solicitors, we specialise in providing legal guidance across England and Wales, including on asbestos-related issues. This article outlines the responsibilities associated with asbestos in commercial properties, helping construction companies ensure compliance and minimise risks.
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The Risks of Asbestos in Commercial Properties
Asbestos was widely used in commercial buildings before its use was restricted in the late 20th century. It can be found in various materials, such as insulation, ceiling tiles, and roofing. When disturbed, asbestos fibres become airborne and pose severe health risks, including lung diseases and cancer.
The legal framework governing asbestos management is designed to protect workers and occupants. For construction companies, understanding these requirements is not only a legal necessity but also a critical aspect of health and safety management.
Who is Responsible for Asbestos in Commercial Property?
The Duty Holder
Under the Control of Asbestos Regulations 2012, the primary responsibility for asbestos in commercial properties falls on the duty holder. The duty holder is defined as the person or organisation with responsibility for maintaining or repairing the premises. This could be:
- The Property Owner: In cases where the owner retains control over the property.
- The Tenant or Occupier: If the lease agreement places responsibility for maintenance and repairs on the tenant.
- A Managing Agent: Where property management duties have been delegated.
Identifying the duty holder often depends on the terms of the lease or management agreements. It is crucial to review these documents carefully to determine who is legally responsible.
Duties of the Duty Holder
The duty holder has several key responsibilities under the Control of Asbestos Regulations 2012. These include:
- Assessing the Presence of Asbestos
The first step is to determine whether asbestos-containing materials (ACMs) are present in the property. This involves:
- Asbestos Surveys: A qualified professional must conduct an asbestos survey to identify ACMs. There are two types of surveys:
– Management Survey: For normal occupation and routine maintenance.
– Refurbishment and Demolition Survey: Required before any construction or demolition work.
- Reviewing Existing Records: For older buildings, previous asbestos management records may provide valuable information.
The duty holder must ensure that the survey is up to date and covers all areas of the property.
- Developing an Asbestos Management Plan
If asbestos is present, an asbestos management plan must be developed and implemented. This plan should include:
- The Location and Condition of ACMs: Detailed records of where asbestos is located and its current state.
- Risk Assessments: Evaluating the potential for disturbance and exposure.
- Control Measures: Actions to minimise risks, such as sealing, labelling, or removing asbestos.
- Ongoing Monitoring: Regular inspections to check the condition of ACMs.
- Emergency Procedures: Steps to take if asbestos is accidentally disturbed.
The management plan must be reviewed regularly and updated as necessary.
- Communicating with Stakeholders
The duty holder is required to share information about asbestos risks with relevant parties, including:
- Construction Companies: Before starting work, construction teams must be informed of the presence and location of ACMs.
- Maintenance Workers: Individuals carrying out routine repairs must be made aware of asbestos-related risks.
- Building Occupants: Tenants or other users of the building should be informed of any asbestos management plans if they could be affected.
Effective communication is essential to ensure compliance and prevent exposure incidents.
- Ensuring Competent Work Practices
Any work involving asbestos must be carried out by qualified personnel. The duty holder must ensure that:
- Licensed Contractors: Are engaged for high-risk activities, such as the removal of sprayed coatings or insulation.
- Training: Workers receive appropriate asbestos awareness or non-licensable work training.
- Control Measures: Are in place, such as containment systems, personal protective equipment, and air monitoring.
Failing to use competent professionals for asbestos-related tasks can lead to significant legal and health consequences.
- Waste Management
The duty holder must also ensure that asbestos waste is disposed of in accordance with hazardous waste regulations. This includes:
- Double-Bagging and Sealing: Using approved asbestos waste bags.
- Licensed Waste Carriers: Transporting the waste to authorised disposal facilities.
- Keeping Records: Documenting waste disposal through consignment notes.
Proper disposal is critical to preventing environmental contamination and compliance breaches.
The Role of Construction Companies
Although the duty holder is primarily responsible for managing asbestos in commercial properties, construction companies also have obligations under the law. These include:
- Pre-Work Checks: Ensuring that asbestos surveys and management plans are in place before starting any work.
- Risk Assessments: Identifying potential asbestos risks during construction activities.
- Safe Work Practices: Following control measures outlined in the asbestos management plan.
- Reporting Issues: Informing the duty holder of any concerns, such as deteriorating ACMs or inadequate controls.
Collaborating with the duty holder to address asbestos risks is essential for ensuring compliance and maintaining safety.
What Happens if Responsibilities are Neglected?
Failing to meet asbestos-related responsibilities can have serious consequences. These include:
- Legal Penalties: Unlimited fines and potential imprisonment for breaches of the Control of Asbestos Regulations.
- Project Delays: Enforcement notices from the Health and Safety Executive (HSE) can halt work until compliance is achieved.
- Reputational Damage: Negative publicity can harm a company’s reputation and client relationships.
- Health Impacts: Exposure to asbestos can result in serious illnesses, leading to compensation claims and long-term liabilities.
For construction companies, working with properties where asbestos is mismanaged can pose significant risks. Ensuring compliance from the outset is essential to avoid these pitfalls.
How Blackstone Solicitors Can Assist
Navigating the legal responsibilities for asbestos in commercial properties can be challenging. At Blackstone Solicitors, we offer comprehensive legal services to support construction companies and other stakeholders, including:
- Lease and Contract Reviews: Helping identify the duty holder and clarify responsibilities.
- Legal Compliance Checks: Ensuring all parties meet their obligations under asbestos regulations.
- Dispute Resolution: Assisting with claims or disputes arising from asbestos-related issues.
Our expertise enables you to focus on delivering your projects while we handle the legal complexities.
Conclusion
In commercial properties, the responsibility for asbestos management lies primarily with the duty holder, but construction companies also play a vital role in ensuring compliance. By understanding and adhering to legal requirements, all parties can protect workers, building occupants, and the wider community from asbestos-related risks.
If you need legal advice on asbestos management or other construction law matters, contact Blackstone Solicitors. We are here to provide expert support across England and Wales.
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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