Q&As

Is there any case law on the control of asbestos, duty to manage, best practice principles which say ‘for a cost to be recoverable under the repairing provisions of a lease, there must first be an element of disrepair and any remedial works carried out must be appropriate. Complete removal of asbestos, despite the best intentions, may not be a recoverable cost if a more appropriate and less expensive option exists’?

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on LexisPSL on 21/09/2018

The following Environment Q&A produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:

  • Is there any case law on the control of asbestos, duty to manage, best practice principles which say ‘for a cost to be recoverable under the repairing provisions of a lease, there must first be an element of disrepair and any remedial works carried out must be appropriate. Complete removal of asbestos, despite the best intentions, may not be a recoverable cost if a more appropriate and less expensive option exists’?

Is there any case law on the control of asbestos, duty to manage, best practice principles which say ‘for a cost to be recoverable under the repairing provisions of a lease, there must first be an element of disrepair and any remedial works carried out must be appropriate. Complete removal of asbestos, despite the best intentions, may not be a recoverable cost if a more appropriate and less expensive option exists’?

The Control of Asbestos Regulations 2012 (CAR 2012), SI 2012/632, reg 4 imposes a ‘duty to manage’ obligation on ‘dutyholders’ of non-domestic premises and the common parts of domestic premises.

CAR 2012, SI 2012/632, reg 4 requires dutyholders to identify the location and condition of asbestos and to manage the risk posed by it to prevent harm to anyone who works on the premises or to occupants of the premises. It also explains what is required of people who have a duty to ‘co-operate’ with the main dutyholder to enable them to comply with CAR 2012, SI 2012/632.

CAR 2012, SI 2012/632, reg 4(1)(a) defines a ‘dutyholder’ as:

‘…every person who has an obligation in relation to the “maintenance or repair” of non-domestic premises under the terms and conditions of a lease or management agreement; or

if there is no such lease or agreement, the freehold owner or any person who has control over that part of the

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