Asbestos Regulations

No. The Control of Asbestos Regulations 2006 impose a new duty to manage the asbestos risk in all non-domestic premises. Under Regulation 4, any “dutyholders” are obliged to determine whether asbestos is present in any building for which they are liable, conduct a risk assessment and ensure that action plans and systems are in place for managing that risk.

 

The 2006 Regulations state that any person who, by virtue of a contract or a tenancy, has any repair obligations or any means of access to a non-domestic building will be a dutyholder. Even in the absence of a contract or tenancy, any person who has control over any part of a non-domestic premises or the access to and from the building will also be liable as a dutyholder. This broad definition means people from the owners of the property to landlords, tenants and those occupying under a licence may find they need ensure that a risk assessment has been carried out and written action plans are prepared in order to comply with the new Regulations. The action plans must also be reviewed in the event of any changes to the premises.

 

There is no set definition of non-domestic premises and ultimately it is a matter for the courts to determine. However, they are likely to include commercial premises such as offices, warehouses and other retail premises, as well as factories and garages. The common parts of blocks of flats should also fall within the definition or non-domestic buildings.

 

A breach of the Control of Asbestos Regulations 2006 is an offence and severe fines can be expected in accordance with other breaches of existing health and safety legislation. The only defence detailed in the Regulations is if the person charged can establish that they took all reasonable precautions and exercised all due diligence to avoid the alleged breach.