Asbestos Regulations for Landlords | Coopers Inventory Services

Not quite.

Under the Control of Asbestos Regulations 2012, the specific duty to manage asbestos applies to non-domestic premises and the common parts of domestic premises.

For residential blocks, this can include areas such as:

Responsibility may fall to the landlord, freeholder, managing agent or another party depending on who has responsibility for maintenance and repair under the relevant contracts or tenancy arrangements.

The privately occupied part of an ordinary domestic property is not automatically subject to Regulation 4’s asbestos-management duty in the same way as a commercial building or communal block area.

That does not mean landlords can simply ignore asbestos.

Landlords still have wider responsibilities to keep rented accommodation safe and free from health hazards, and asbestos risks need to be considered particularly where maintenance, repair or refurbishment could disturb potentially asbestos-containing materials.

Where asbestos is known or suspected, professional advice should be obtained before disturbing the material.

No.

The presence of asbestos doesn't automatically mean it must immediately be removed.

Asbestos-containing material that is in good condition and unlikely to be disturbed can often be managed safely in place. HSE's approach is based on identifying, assessing and managing the risk, rather than automatically removing every asbestos-containing material.

Removal, sealing, encapsulation or other specialist work may become appropriate depending on the material's condition, location and likelihood of disturbance.

That decision should be made with appropriate asbestos expertise rather than by an inventory clerk, landlord or tenant guessing from appearance alone.

An asbestos survey becomes particularly important where work could disturb the fabric of an older building.

Before significant maintenance, refurbishment or demolition work, those responsible for the work should establish whether asbestos-containing materials may be present and make sure the appropriate assessment or survey is carried out. HSE guidance specifically highlights this requirement before work that may disturb asbestos begins.

The two commonly encountered survey types are:

Management Survey

Used to help identify and manage asbestos-containing materials during normal occupation and routine maintenance.

Refurbishment or Demolition Survey

A more intrusive survey carried out before refurbishment or demolition work where the building fabric is likely to be disturbed.

The appropriate survey depends on the property and the work being planned.

If a property dates from before 2000 and work is planned involving walls, ceilings, flooring, insulation, pipework or other building materials, asbestos should be considered before work starts.

Contractors carrying out work also need relevant information about asbestos that could be disturbed.

HSE guidance places particular emphasis on identifying asbestos before maintenance, refurbishment or demolition work begins, rather than discovering it halfway through the job.

Known or suspected asbestos-containing materials that become damaged should not be disturbed further.

Tenants should be advised not to drill, cut, sand, scrape or attempt to remove suspicious material themselves.

The landlord or property manager should seek appropriate specialist advice so the material can be assessed and, where necessary, made safe.

GOV.UK similarly advises landlords to seek professional advice where asbestos is present and warns tenants against attempting removal themselves.

For blocks of flats, the asbestos duty can apply to communal areas even though it does not apply in exactly the same way inside privately occupied flats.

Someone with responsibility for the maintenance or repair of those common areas may therefore need to:

HSE specifically identifies domestic common parts such as entrances, stairs, lifts and roof spaces within the Regulation 4 duty.

Coopers Inventory Services provides professional property reporting at important stages throughout a tenancy.

During an Inventory, Mid-Term Inspection or Check-Out, visible condition and deterioration within the scope of the inspection can be documented and supported with photographic evidence.

This may provide landlords and property managers with a useful record if a visible area of the property changes over time.

Coopers does not identify, sample, test or certify suspected asbestos and a property inventory is not an asbestos survey. Materials suspected of containing asbestos should not be disturbed and appropriate specialist advice should be obtained.

Managing an Older Property?