Is there a duty to manage asbestos at the property?

Products containing asbestos (which can cause fatal diseases in those who are exposed to it) were commonly used as building materials up until 1999 when their use was prohibited. There is a legal presumption that any non-domestic premises whose construction was completed before 2000 contain asbestos.

Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012), SI 2012/632 creates a duty to manage asbestos. It applies to all non-domestic properties and the common parts of some domestic premises. See Practice Note: Control of asbestos—duty to manage—What are non-domestic premises?

CAR 2012, SI 2012/632, r 4 requires ‘the dutyholder’ to identify the location and condition of asbestos and manage the risk to prevent harm to anyone in occupation of or working on the property. The Approved Code of Practice and Guidance L143 (produced by the Health and Safety Executive) states that ‘everything that can reasonably be done must be done’ to establish whether asbestos is present. See Practice Note: Control of asbestos—duty to manage—What is the duty to manage?

An asbestos