Q&As

A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and has since been removed. The landlord has obtained the health and safety executive notification of asbestos work and also the consignment note for the removal of the asbestos. Does the landlord still need to provide to the tenant an up-to-date asbestos survey or is the documentation showing the removal of the asbestos sufficient?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 15/09/2017

The following Property Q&A Produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and has since been removed. The landlord has obtained the health and safety executive notification of asbestos work and also the consignment note for the removal of the asbestos. Does the landlord still need to provide to the tenant an up-to-date asbestos survey or is the documentation showing the removal of the asbestos sufficient?

The regulation of asbestos in commercial buildings is contained with the Control of Asbestos Regulations 2012, SI 2012/632 (the Regulations) which came into effect in April 2012. It is best practice to read the Regulations, SI 2012/632, in conjunction with the Approved Code of Practice (ACoP) published by the health and safety executive (HSE).

To manage the risks from asbestos in non-domestic premises, a duty holder is required to carry out a ‘suitable and sufficient’ assessment to determine whether asbestos or asbestos-containing material is, or is liable to be present in the premises (the Regulations, SI 2012/632, reg 4(3)). This will include the duty to:

  1. determine whether asbestos is present in a building or is likely to be present

  2. manage any asbestos that is or is likely to be present

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