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Schools, halls and shops: the duty to manage asbestos

If you are responsible for a non-domestic building built before 2000, you have legal duties. This guide sets out what is expected.

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Who has the duty

The duty holder is the person or organisation responsible for maintaining a non-domestic building, usually the owner, landlord, trustees or whoever controls repair under a lease. Where there is no clear duty holder, responsibility falls on the person in control of the premises.

What the duty involves

  • Take reasonable steps to find out if asbestos is present
  • Assume it is present unless there is strong evidence otherwise
  • Assess its condition and risk
  • Keep a written record and plan
  • Share the information with anyone who might disturb it
  • Review and monitor regularly

Surveys and registers

A management survey is the usual way to find and record materials. The result becomes your asbestos register. Update it after any change to the building or after removal work.

Planning removal

Not all asbestos has to be removed. In good condition and low risk it can be managed in place. If it is damaged or in the way of work, removal may be required. Plan around occupants and keep neighbours informed.

Refer to HSE guidance and your insurer for specific duties relating to your building.

Quick answers.

Does the duty apply to flats above shops?

The common parts and the structure are covered. Ask the landlord or managing agent for the register.

What if I rent a unit?

Your lease sets responsibility. Ask the landlord for any survey and tell them if you plan alterations.

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