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Does A Commercial Landlord Have To Provide An Asbestos Survey in Caerphilly?

As a commercial landlord in Caerphilly, it is essential to understand your responsibilities regarding asbestos management in your properties. Asbestos is a hazardous material that was widely used in building construction until the 1990s. It can be found in various forms, including insulation, ceiling tiles, and floor coverings.

The Duty to Manage Asbestos

The Control of Asbestos Regulations 2012 requires commercial landlords to manage asbestos in their properties. This duty is placed on the person responsible for maintaining or repairing the building, which is often the landlord. The regulations aim to minimize the risks associated with asbestos exposure and ensure the safety and health of anyone who may come into contact with the material.

What is a Commercial Asbestos Survey?

A commercial asbestos survey is a thorough inspection of a building to identify the presence of asbestos-containing materials (ACMs). The survey is usually conducted by a licensed asbestos surveyor who will assess the condition and risk of the ACMs. The survey report will provide recommendations for managing or removing the asbestos.

Do Commercial Landlords Need to Provide an Asbestos Survey?

Yes, commercial landlords in Caerphilly have a legal obligation to provide an asbestos survey for their properties. This is a requirement under the Control of Asbestos Regulations 2012. The survey must be conducted by a licensed asbestos surveyor, and the report must be kept on file and made available to anyone who may need it, including tenants, contractors, and maintenance staff.

Who is Responsible for Asbestos Removal?

The responsibility for asbestos removal depends on the circumstances. If the asbestos is in a poor condition or is likely to be disturbed during work, the landlord may need to arrange for its removal. However, if the asbestos is in good condition and is not likely to be disturbed, it may be left in place and managed accordingly.

Consequences of Not Providing an Asbestos Survey

Failure to provide an asbestos survey can result in serious consequences, including fines and even prosecution. The Health and Safety Executive (HSE) can take enforcement action against landlords who fail to comply with the regulations.

Residential vs. Commercial Properties

It's worth noting that the regulations regarding asbestos surveys differ between residential and commercial properties. While commercial landlords are required to provide an asbestos survey, residential landlords are not. However, residential landlords still have a duty to manage asbestos in their properties and ensure the safety and health of their tenants.

Managing Asbestos in Commercial Properties

To manage asbestos in commercial properties, landlords should:

  • Conduct a thorough asbestos survey
  • Keep the survey report on file and make it available to anyone who may need it
  • Develop an asbestos management plan
  • Ensure that anyone who may come into contact with asbestos is trained and equipped to do so safely
  • Regularly review and update the asbestos management plan

Conclusion

As a commercial landlord in Caerphilly, it is essential to understand your responsibilities regarding asbestos management in your properties. Providing an asbestos survey is a critical part of this duty, and failure to do so can result in serious consequences. By working with a licensed asbestos surveyor and developing an asbestos management plan, you can ensure the safety and health of your tenants and comply with the regulations.
If you are a commercial landlord in Caerphilly and need an asbestos survey, contact Helix Environmental Ltd trading as Affordable Asbestos Removal Cardiff on 029 2236 2397. Our team of experts can provide you with a comprehensive asbestos survey and help you develop an asbestos management plan that meets your needs and complies with the regulations.