Commercial Property Owners

Commercial Property Owners

As a commercial property owner you have a legal duty to manage asbestos at your premises under the Control of Asbestos (CAR2006) regulations. Whilst the day-to-day management of asbestos can be delegated to a manager or management company, the legal duty cannot be delegated and the property owner is still ultimately responsible for ensuring that any appointed persons are competent to fulfil the responsibilities laid out under this duty.

Commercial property owners are particularly at risk of being taken advantage of by asbestos surveyors and management companies offering poor advice. It is worth checking that the recommendations you have been given are absolutely necessary before you commit to any expense. Our aim at Fibre Safe is to provide clear advice to help the client save money, not to offer remedial actions to make money. This is proven in our track records with local firms from around the North West & North Wales area.

If you are responsible for maintenance on the building you would be classified as the ‘Duty Holder’ and it would be your responsibility to create an asbestos management plan for the building, the first step of which is a management survey. Please note that you simply cannot say “We don’t have any asbestos in here so I don’t need one”. We have seen numerous prosecutions over the years from building owners using this theory and inevitably they are wrong. Leave the surveying down to the professionals and let them put it in writing. For more information on asbestos management surveys or plans give us a call on 0800 458 4136.

FAQ

Why do I need an asbestos survey on my building?

The Health & Safety Executive brought the law in to protect maintenance workers and building occupiers from exposure to asbestos. This is a legal requirement and should not be avoided by any means.

Can I claim the money back or get the government to pay?

No unfortunately you are going t have to pay in full for the works however you can get tax relief on a survey. As part of the government’s urban regeneration scheme, under the Finance Act 2001, it is possible to claim 150% of the cost of asbestos remediation against your company's profits as tax relief. For example: if asbestos removal costs £10,000 a company can deduct £15,000 from their taxable income. This also means that if the company made a loss, then they could be eligible for a cash rebate. This concession only applies to UK registered companies and does not apply if the building or land was owned by the company when the asbestos was originally imported. Ask your company’s accountant or financial advisor for more information on how this might apply to you.

Can I carry out the asbestos survey myself?

Surveys can be carried out by in-house personnel or a third party. In each case, the surveyor must be competent to carry out the work required. To be competent, the ‘surveyor’ must have sufficient training, qualifications, knowledge, experience and ability to carry out their duties in relation to the survey and to recognise their limitations. They must have sufficient knowledge of the specific tasks to be undertaken and the risks which the work will entail. They must be able to demonstrate independence, impartiality and integrity. They must have an adequate quality management system; and carry out the survey in accordance with recommended guidance HSG264.

There is no asbestos in my building; do I still need a survey?

Yes, only a qualified and competent surveyor can make the decision that there is no asbestos in the building and even then a report and management plan must still be prepared as part of the Control of Asbestos Regulations 2006.

I rent my building out. Who is responsible for the asbestos?

As a commercial property owner you have a legal duty to manage asbestos at your premises under the Control of Asbestos (CAR2006) regulations. Whilst the day-to-day management of asbestos can be delegated to a manager or management company, the legal duty cannot be delegated and the property owner is still ultimately responsible for ensuring that any appointed persons are competent to fulfil the responsibilities laid out under this duty

If asbestos is found, does it need to be removed?

No not at all. Removal of asbestos is always the last option in our books. Asbestos is only dangerous if it is disturbed and therefore no remedial actions may be needed. It depends upon where the asbestos is, the condition of the material and how likely to be disturbed it is. Other remedial actions may include encapsulation, isolation, or repairs.

Im having refurbishment works done; do I need another asbestos survey?

Yes the management survey only shows asbestos which is found during a normal inspection. A refurbishment survey is used to find hidden asbestos which cannot be found during a normal inspection such as asbestos hidden inn wall voids or under floor boards.

Am I legally required to tell the occupants of my building that’s it contains asbestos?

To manage the risk from Asbestos Materials you will need to keep and maintain an up-to-date record of the location, condition, maintenance and removal of all ACMs on the premises; repair, seal or remove Asbestos if there is a risk of exposure due to their condition or location; maintain ACMs in a good state of repair and regularly monitor their condition; inform anyone who is liable to disturb the ACMs about their location and condition; have arrangements and procedures in place so that work which may disturb the ACMs complies with CAR 2012; and review the plan at regular intervals and make changes if circumstances change.

How do I manage asbestos in my property?

You must create an asbestos management plan using up to date information about asbestos in the building and perform risk assessments. This can be quite a tricky subject and we wold advise that you give us a call for consultation.


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