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Asbestos reports are a crucial aspect of thorough management for commercial property owners, but when is an asbestos report required for a commercial property? In this guide, we are going to cut through the confusion, answering this common question and providing information on other topics including the regulations surrounding asbestos reports, the consequences of non-compliance and how to get a report.
Asbestos reports are produced following an asbestos survey. These are broken down into three different types: asbestos management surveys, asbestos demolition surveys and asbestos refurbishment surveys.
The reports detail the findings of the survey and will list the location and type of any Asbestos Containing Materials (ACMs) found as well as provide actionable next steps and recommendations to help you maintain compliance.
Both reports and the surveys that produce them are governed primarily by the Control of Asbestos Regulations 2012 (CAR). For commercial properties, these regulations make three primary stipulations:
✓ Asbestos surveys must be conducted for non-domestic properties
✓ An asbestos register must be maintained and updated regularly
✓ An asbestos management plan should be in place
The responsibility for overseeing these surveys falls to the duty holder. This is usually the landlord or building owner but can also encompass tenants. However, in almost all cases, the landlord or owner bears some, if not all, of the responsibility.
If you are planning to carry out works that might disturb ACMs, causing fibres to be released, you must first obtain an asbestos report from professional asbestos surveyors. This will identify and help you manage or remove any ACMs before work commences, safeguarding occupants, workers and the public. If removal is required, you must contact a recognised provider for licensed or non-licensed asbestos removal. This is a legal requirement.
Another question we often hear is ‘Does a landlord have to provide an asbestos report before selling or leasing a commercial building?’ While it is not legally required for you to provide an asbestos report at this stage, many commercial tenants will not rent a property without one, as it puts their business at risk. Additionally, any potential buyers using bank-backed finance will require a report to obtain their funds and make the purchase
If ACMs have already been found at your building during previous inspections, you must continue to obtain a reinspection survey at a minimum of every 12 months to demonstrate that the level of risk has not changed and to prove you are carrying out your legal obligations as a duty holder. Even if ACMs have not yet been found at your commercial property, you are required to act as though all parts of your structure contain ACMs until proven otherwise – a report can help you determine this.
You must order a commercial or industrial building asbestos survey following any damages such as a fire, flood or earthquake. This is to make sure that no ACMs have been disturbed, demonstrating your property remains safe for occupants.
Due to the risks involved and potential health hazards associated with asbestos, there are severe legal consequences for failing to adhere to the CAR as well as other, preventable ramifications:
• Fines and legal action – in accordance with the CAR, fines for non-compliance can be high and offending duty holders can even face prison sentences.
• Health risks to occupants or workers – ACMs that are not properly identified or removed can pose a very serious health hazard to building occupants and workers, leading to potential legal complications in the future.
• Project delays and complications – if ACMs are found part way through a demolition or refurbishment project, work will have to be halted while the issue is resolved, likely proving more disruptive and costly than obtaining a survey prior to commencement
So, now that we have answered the question ‘When is an asbestos report required for a commercial property?’ How do you get yours?
To maintain compliance in accordance with the CAR, you must contact an accredited asbestos surveyor to issue you with a report. At EMS, we offer commercial asbestos surveys in Worcester, Hereford, Cardiff, London and across the surrounding areas, covering a national client base. We are UKAS-accredited and employ teams of expert surveyors. As well as surveying your property, we can offer turnkey asbestos consultancy services such as project management to help you manage your legal obligations and ensure adherence to regulations.
To book your survey and receive your report, call us now on 01432 263333, email us at info@emsgroupuk.com or fill out our contact form here.
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