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).

The person who has the duty to manage asbestos (the 'dutyholder') in non-domestic premises, could include the:

• building owner
• landlord for the premises
• person or organisation with clear responsibility for the building's maintenance or repair
• shared between parties
• Managing Agent - there may be an agreement to pass all or some responsibilities to a managing agent. The legal obligation to comply with duty to manage regulation cannot be passed to a managing agent.

Tenancy agreements

A person or organisation could have responsibility for the maintenance or repair of the premises through a tenancy agreement or contract. The extent of the duty will depend on the agreement.

In a building occupied by one leaseholder, the agreement might be for either the owner or leaseholder to take on the full duty for the whole building, or they might share the duty.

Multi-occupied buildings

In a multi-occupied building, the agreement might be that the owner takes on the duty for the whole building, or the duty might be shared. For example, the owner takes responsibility for the common parts while the leaseholders take responsibility for the parts they occupy.

Managing agents

Sometimes, there might be an agreement to pass all or some of the responsibilities to a managing agent. However, the legal obligation to comply with duty to manage regulation cannot be passed to a managing agent.

Where there is no clear tenancy agreement or contract

There may be no tenancy agreement or contract. Even if there is one, it may not say who is responsible for the maintenance or repair of non-domestic premises.

In this case, or where the premises are not occupied, whoever has control of the premises, or part of the premises, is responsible. Often this will be the owner.

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. 

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?

If a 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.

‍