Which Premises Will The Duty Apply To?

The duty applies to all non domestic premises, whatever type of business is carried out in them. This includes all commercial, public and private buildings. It also applies to common parts of residential rented properties, including halls, stair wells, lift shafts and roof spaces.

The Regulations require Duty Holders to:

  • Investigate whether asbestos or asbestos containing material (ACMs) are present
  • Check their condition
  • Carry out a risk assessment
  • Prepare a written plan specifying the measures to be taken to manage the risk
  • Inform anyone who might disturb the ACM or who might work on the materials of its presence

It should be noted that the duties do not specifically require that a survey be carried out. However, a survey may be necessary to identify some ACMs or to confirm the full extent of their presence.

Nor do they require any/all ACMs to be removed.  Whilst ACMs in extremely poor condition might need replacing there may be alternative methods of controlling the risk e.g. encapsulation.

ACMs that are prone to damage or difficult to repair will need to be removed. ACMs that are in good condition, or can be sealed or protected, should be clearly marked with the asbestos warning sign. Keep a note of their location and mark it on building plans. Where ACMs are left in place they should be periodically inspected to check on their condition.  It may be helpful to record any materials that have been tested and found not to contain asbestos, in case they are called into question. Some types of work with ACMs must be carried out only by licensed persons or be notified to the Health & Safety Executive or Environmental Health Authority.