What the law covers
The duty to manage in the Control of Asbestos Regulations 2012 applies to non-domestic premises, and the Regulations define non-domestic premises to include the common parts of domestic premises, such as stairwells, corridors, lift motor rooms, plant rooms, bin stores, roof spaces, garages and external structures of a block of flats. Individual flats are not generally covered by the duty to manage in the same way, but contractors working on them still have to identify asbestos before they begin.
The duty holder is the person with responsibility for maintaining the common parts, usually the freeholder, the landlord, the managing agent acting for them, or a residents' management company. Where this is unclear, the duty falls on whoever is in practice responsible.
Managing agents across both counties hold registers for purpose-built blocks, converted houses and mixed-use parades where the common parts fall under the duty to manage.
The survey for communal areas
A management survey of the communal areas produces a register showing which materials contain or are presumed to contain asbestos, in what condition, and how likely they are to be disturbed. In blocks built before 2000, typical items are textured coatings, insulating board in riser cupboards and meter cupboards, cement roof and soffit materials, flue pipes, floor tiles and lagging in plant rooms.
Where a block has several floors, individual flat entrance doors, fire doors and meter cupboards are often included in the common-parts survey because they are part of the shared fire-compartment.
Between tenancies and before repairs
Landlords of rented homes should treat any substantial work, such as kitchen or bathroom replacement, re-wiring or boiler replacement, as a trigger for an asbestos survey of the affected area in pre-2000 properties. It is far cheaper to know before the contractor starts than to halt a void works programme. For portfolios, rolling surveys and re-inspections keep records consistent, and a single report format makes it easier to manage.
Where residents are affected by works, they have a right to be told about asbestos that could be disturbed, and a register helps you to answer their questions.
Instructing a survey as an agent
If you are acting for a client, tell us who the duty holder is, the number of blocks or units, and any works planned. We pass your request to an independent partner surveyor who will contact you to agree the scope and schedule for the portfolio.
