Who is Responsible for Asbestos in Commercial Buildings?

Commercial buildings across the UK still contain large amounts of asbestos. But who is responsible for managing asbestos in commercial buildings? 

In this guide, EMS are going to look at who is responsible, the legal duties surrounding asbestos, the duties of property owners and landlords, the role of tenants, the shared responsibilities between tenants and landlords and the legal implications of non-compliance. 

Who is Responsible and What are the Legal Duties?

The management of asbestos in the UK is governed by the Control of Asbestos Regulations (CAR) 2012. 

Under these regulations, ‘duty holders’ are required to implement a plan to safely manage Asbestos Containing Materials (ACMs). A ‘duty holder’ is usually defined as the building manager, owner or operator or an employer. 

Management of asbestos involves identifying any ACMs in your property and then either making sure that they are not disturbed or having them removed, depending on the situation. 

Duties of Property Owners and Landlords

In almost all cases, property owners and landlords are responsible for the ongoing management of asbestos in commercial properties. They are required to initially identify any ACMs through an asbestos management survey and then implement and maintain a rigorous asbestos management plan in accordance with recommendations made in the asbestos report and regular asbestos reinspection surveys to ensure the condition of the materials.  Read more about asbestos reports for commercial properties in our blog post. 

When a property owner or landlord rents a property to a tenant, they need to make copies of their management plan as well as the locations of any ACMs available to the tenant for their safety. However, despite popular misconception, a prospective tenant cannot force a landlord or property owner to conduct an asbestos survey. 

Role of Tenants in Asbestos Management 

Through the careful drafting of tenancy agreements, it is possible for landlords to transfer much of the responsibility for the management of asbestos in commercial buildings to the tenant. However, the landlord cannot shift all the responsibility to the tenant – they will still be responsible should the tenant default, for example. 

Landlords are required to alert tenants to the presence and location of any ACMs, so tenants can ensure they are properly managed during their tenancy.

Shared Responsibilities Between Landlords and Tenants

In some properties, such as those with communal areas, the tenants and landlord will share responsibility for asbestos management. The tenants may be responsible for managing it within their rented spaces, but common areas, such as corridors or kitchen facilities, will be the domain of the landlord. 

In these situations, it is important to maintain good communication between tenant and landlord to ensure consistently safe and legally compliant management throughout the property.

Ensure Compliance with Asbestos Surveys and Management Plans from EMS 

At EMS, we offer a range of asbestos surveys including asbestos management surveys, asbestos refurbishment surveys and asbestos demolition surveys. We’ve been helping owners and landlords of commercial properties maintain legal compliance and safeguard occupants since 2003 through surveys and asbestos management plans. 

To book your survey, discuss management plans or even learn more about asbestos regulations, call us on 0800 358 1100, email info@emsgroupuk.com or fill out our contact form.

FAQs

Who is responsible for asbestos in a commercial property?

Asbestos in commercial buildings is principally the responsibility of the owner, landlord or employer. However, duty of management can be shared between landlord and tenant in some cases with a carefully drafted tenancy agreement.

Do you need an asbestos report for a commercial property?

Initially, yes. You’ll need an asbestos survey and report to identify and map any ACMs in your property as this will form the basis of your management plan. Tenants also need to be provided with information about the location of ACMs at the start of the tenancy, although you do not need to conduct a survey at their request.

How would you know if asbestos was present at a commercial property?

As a rule of thumb, if your commercial property was constructed before 1999, when asbestos was banned in the UK, then it is quite likely to contain asbestos. The only way to confirm the presence of asbestos in commercial buildings is to arrange for a professional asbestos survey.

Do you have to disclose asbestos when selling a commercial property?

You are not legally required to, no. However, it is advisable to do so from a moral standpoint. Also, if the buyer is using bank finance including a mortgage to purchase the property, then you will need to provide proof of an asbestos management survey, which will likely reveal the presence of any asbestos anyway.

Do landlords need to check for asbestos?

Yes. In order to create an asbestos management plan, which you are legally required to do, then you need to have your property checked for asbestos.