Asbestos for Landlords – What Landlords Need to Know About Asbestos
It is important that landlords fully understand their responsibilities in relation to managing any asbestos that may be present in a building for which they are the duty holder. It is a requirement of Regulation 4 (Duty to Manage) of the Asbestos Regulations 2012 for duty holders to establish the presence of asbestos and if it exists in a building compile a Management Plan for monitoring and managing the asbestos to prevent exposure by persons occupying the building or working upon it.
Failure to comply with the Regulations can lead, potentially, to heavy fines and, in serious cases, custodial sentences for the offender.
The Asbestos industry is the second most regulated in the UK after the Nuclear industry and the legislation that regulates it is complicated and not always readily understood by the layman. The legislation first introduced in the early 1980’s was introduced as the full extent of the health issues posed by exposure to asbestos was realised. Asbestos related diseases are still responsible for the largest number of industrial fatalities in the UK largely due to historical exposure.
Asbestos was not fully banned from use in the UK until 1999 and consequently there are many domestic ,commercial and industrial buildings that still contain asbestos based materials.
Here at Rightway we have many years experience undertaking asbestos removal, surveys, compiling management plans and undertaking consultancy and training. We can assist our clients in complying with and understanding their obligations under the Asbestos Regulations and assist in compiling bespoke management plans for individual buildings.
Brief History of Asbestos
Asbestos was a widely used material in the building industry in the 19th and 20th century thanks to its excellent insulation and fireproofing properties. The fact that it could be cheaply mined in large quantities made it a popular choice for a wide range of uses within the construction industry. It was also widely used in shipbuilding and many ship yard workers were exposed to asbestos during the course of their working lives. As time went on it became apparent that exposure to asbestos posed a serious threat to health prompting the introduction of numerous acts of parliament until asbestos was finally banned in the UK in 1999.
Asbestos is still mined and used in some countries around the world including Russia ,India, China and, notably, Canada who exports Chrysotile Asbestos to many Third World countries.
When is Asbestos a Problem?
Providing asbestos is left undisturbed and is in good condition it does not pose a threat to health. The dangers of asbestos only exist when the material is disturbed or damaged. This can happen as a result of building or renovation work such as sanding, drilling, sawing or demolition. When this happens, the microscopic asbestos fibres become airborne and therefore respirable. They can ,when breathed in, become lodged in internal organs such as the lungs and pleural lining causing diseases such as lung cancer, pleural thickening and mesothelioma. The effects of exposure to asbestos often do not become apparent for many years after the exposure takes place typically 20 years and , in some instances, up to 40 years.
What should Landlords do?
Find out if you have asbestos in your property
If the building for which you have responsibility was constructed after 2000 it is unlikely to contain asbestos based materials. If however it was constructed before this date then you are obliged to determine if asbestos is present in the building in order that you can safely manage it and prevent accidental exposure to building occupiers. The presence of asbestos is usually determined by undertaking an asbestos survey. This should be carried out by a competent person which usually means a surveyor with the British Occupational Hygiene Society P402 qualification. Once asbestos is discovered the type , condition , location and vulnerability can be taken into account when compiling a plan to safely manage it.
Understand your responsibilities
For commercial and industrial landlords current regulations require owners of ‘non-domestic properties’ to identify any asbestos within a building and continue to manage the risk and this is , as previously described , is determined by undertaking a survey.
For residential landlords, whilst tenants should be proactive in making sure they ask about asbestos management before they sign a lease, landlords need to be aware that parts of their property can still be considered ‘non-domestic’ and therefore their contract needs to clearly state who is responsible for management of any asbestos in the property. You can find useful guides online that give further information on the duties expected of landlords . Communal areas of buildings such as foyers, corridors, gardens, outbuildings should be inspected for Asbestos materials .
It is important to understand that the same rules and regulations apply to owners of derelict or vacant premises despite the fact that they may be currently unused.
Asbestos Surveys
There are 3 types of asbestos survey that are undertaken depending on the situation prevailing with a building all of which can be organised by Rightway Environmental.
Management Survey – Undertaken to determine if asbestos is present so that landlords can manage it in compliance with current rules and regulations.
Refurbishment and Demolition Surveys – Undertaken prior to any Refurbishment or Demolition to investigate whether any asbestos is likely to be disturbed during the proposed work.
Re-inspection – Also known as a condition survey these are undertaken at regular intervals to check for deterioration of any asbestos based materials and any remedial work necessary.
All of our surveys are undertaken in compliance with the Health and Safety Executive Guidance HSG 264 and by fully trained and experienced surveyors holding British Occupation Hygiene Society qualifications.
Safe Removal
Should it become apparent from a survey that the asbestos at your property poses a health risk and needs to be removed Rightway can organise a quotation for this work and subsequent safe removal You should NEVER attempt to remove asbestos yourself.
At Rightway Environmental, we are an industry-leading asbestos removal contractor providing a comprehensive package of asbestos removal services throughout Bristol, the South West and the whole of the UK. For more information on the services we provide please contact us today.
Shared Knowledge
Any information regarding asbestos at your property should be made available to anyone who , in the course of their work , may come into contact with the asbestos containing material. The Management Plan should detail who is responsible for maintaining and monitoring the asbestos, who is responsible for making contractors aware of its presence and detail emergency procedures in the event of asbestos being disturbed.
Learn More with Rightway Environmental
If you are a landlord, or building owner in any commercial, domestic or industrial setting, here at Rightway Environmental our trained and experienced team are ready to support you in the safe management of asbestos. Our extensive knowledge and experience means we are able to offer more than just removal and includes surveying, analysis and training services.
We are licensed by the Health and Safety Executive to undertake asbestos removal and are committed to delivering the highest quality service. We work closely with each of our clients to deliver every project on budget and on time. For more help and guidance, please do not hesitate to get in touch with a member of our friendly team today.