AAAIS

Who is the Duty Holder?

All those who have responsibility for the maintenance and, or repair of non-domestic premises have duties under the duty to manage regulations. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises.

The duty holder may well be the landlord, tenant or a managing agent, depending on the circumstances. In some situations, responsibility could be shared between two or more parties.

The regulation also includes a duty to cooperate, which applies widely. This will, for example, require a tenant to allow a landlord to gain access to a building to carry out a survey. Also a building surveyor or architect who had plans which show information on the whereabouts of asbestos would be expected to make these available to the duty holder at reasonable cost.

AAAIS can act as the managing agent, in terms of responsibility for managing asbestos within a Client's portfolio of buildings.

What premises are affected?

The new regulations covers all non-domestic premises, whatever type of business is carried out in them. It also covers the common areas of domestic premises, including halls, stair wells, lift shafts and roof spaces.

Reference: http://www.hse.gov.uk/asbestos/campaign/duty.htm

There are more than three
-million public and private
propertiescovered by the
regulations in the UK.

It is estimated that only
10 - 15 per cent have
had asbestos surveys,
and only a small
proportion of these
have implemented a
management plan to
satisfy the regulations.