COMMERCIAL PROPERTY – EXAM NOTES
ASBESTOS
WHAT IS ASBESTOS?
Banned in UK in 1999 but you can still find it in many properties
Landlord’s should assume that asbestos is present in all pre-2000 buildings
If in good condition, not damaged or disturbed then it shouldn’t present a risk – but if fibres come loose they may be
inhaled resulting in diseases of lungs and chest lining – may take between 15 and 60 years to develop
REGULATIONS
Control of Asbestos Regulations 2012
Certain duties put on duty holder in relation to management of Asbestos
When lease is granted to tenant responsibility to manage and maintain asbestos falls to them
If landlord has not done an asbestos survey they will have to do this because they are currently the duty holder and it
can be an offence under the Health and Safety at Work Act if this is violated
o From the survey the duty holder must implement a management plan and maintain an Asbestos register
DUTY HOLDER
CAR 2012 defines duty holder as:
Every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or
repair of non-domestic premises or any means of access or egress to or from those premises
In relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to
any extent, control of that part of those non-domestic premises or any means of access or egress to or from those
premises
MANAGING ASBESTOS
Landlord’s tenants or managing agents of commercial property may be responsible for managing asbestos, unless contract or
lease says otherwise
You must:
1. If you have a lease or contract, check who is responsible for asbestos
2. Find out where asbestos is (you’ll probably need an external accredited surveyor to carry out an asbestos survey)
3. Have the material analysed and keep a record of what you find
4. Carry out a health and safety risk assessment
5. Share information with anyone likely to come into contact with the area
6. Keep anything containing asbestos in good repair or have it sealed or removed
PENALTIES
If you do not have a plan to deal with asbestos and put it into action you could face:
A fine of up to £20,000
Imprisonment for up to 12 months
For a serious breach you could face an unlimited fine and/or imprisonment of up to 2 years
ASBESTOS
WHAT IS ASBESTOS?
Banned in UK in 1999 but you can still find it in many properties
Landlord’s should assume that asbestos is present in all pre-2000 buildings
If in good condition, not damaged or disturbed then it shouldn’t present a risk – but if fibres come loose they may be
inhaled resulting in diseases of lungs and chest lining – may take between 15 and 60 years to develop
REGULATIONS
Control of Asbestos Regulations 2012
Certain duties put on duty holder in relation to management of Asbestos
When lease is granted to tenant responsibility to manage and maintain asbestos falls to them
If landlord has not done an asbestos survey they will have to do this because they are currently the duty holder and it
can be an offence under the Health and Safety at Work Act if this is violated
o From the survey the duty holder must implement a management plan and maintain an Asbestos register
DUTY HOLDER
CAR 2012 defines duty holder as:
Every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or
repair of non-domestic premises or any means of access or egress to or from those premises
In relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to
any extent, control of that part of those non-domestic premises or any means of access or egress to or from those
premises
MANAGING ASBESTOS
Landlord’s tenants or managing agents of commercial property may be responsible for managing asbestos, unless contract or
lease says otherwise
You must:
1. If you have a lease or contract, check who is responsible for asbestos
2. Find out where asbestos is (you’ll probably need an external accredited surveyor to carry out an asbestos survey)
3. Have the material analysed and keep a record of what you find
4. Carry out a health and safety risk assessment
5. Share information with anyone likely to come into contact with the area
6. Keep anything containing asbestos in good repair or have it sealed or removed
PENALTIES
If you do not have a plan to deal with asbestos and put it into action you could face:
A fine of up to £20,000
Imprisonment for up to 12 months
For a serious breach you could face an unlimited fine and/or imprisonment of up to 2 years
