If you are purchasing or renting a commercial property which was constructed or refurbished before the year 2000, it is pivotal to carry out full checks for the presence of asbestos.
Asbestos is a group of naturally occurring minerals, made up of heat-resistant fibers. Before the dangers surrounding the use of asbestos were known, being the cause of serious illnesses such as lung cancer and mesothelioma, it was common up until around 1999 for asbestos to be used in many consumer products. Due to this, there is now a legal duty to
Under the 2012 Regulations, the onus of responsibility for carrying out such checks is placed on the owner of the property, or, the person deemed as being responsible for the property repair and maintenance, known as the “duty holder”. The duty holder could be either the landlord, the tenant or the managing agent, dependent on the terms of the lease. It is therefore important this is made clear from the outset.
The main obligation of the duty holder is to protect anyone from exposure to any asbestos present, initially having an appropriate risk assessment in place based on an asbestos survey. If, in the survey asbestos is found, a written plan must be drawn up detailing its location, and periodic monitoring must take place.
In some circumstances the asbestos will need to be removed, however in others, it may be less dangerous to make the area safe rather than to remove it. The presumption that must be adopted in all situations is that asbestos is present unless it can be proved otherwise.
Due to the deadly dangers of asbestos, non-compliance of the Regulations is taken very seriously and is in fact a criminal offence, punishable by an unlimited fine and/or imprisonment for up to two years.
To discuss Commercial Property issues, please email us at info@ramsdens.co.uk or call us on 01484 821 500 to speak to a member of our team.