This section explains asbestos regulations for a commercial property and the penalties. Check your responsibilities on asbestos health and safety and keeping proper records.
ASBESTOS REGULATIONS: The rules on asbestos apply to the landlord, the tenant, or the managing agent of a commercial building.
It means you may have responsibilities for managing asbestos in commercial buildings that you own or rent.
But, there may be an exception if your contract or your lease states otherwise.
In fact, many years ago people marketed asbestos as a 'magic mineral'. Nowadays, it has become infamous as a menace to public health in the United Kingdom.
Builders once used asbestos in different types of construction materials before 1980. Thus, many homes and non-domestic properties contain asbestos. You can find it in roof shingles, floor tiles, insulation, and ceiling tiles.
Asbestos is a natural mineral substance that got 'pulled' to form a fluffy consistency. This process formed asbestos fibers which are soft and flexible. It is an effective insulator, resistant to heat, chemical corrosion, and electricity.
Qualities such as these, once made asbestos use profitable in the construction industry. But, the United Kingdom banned it in the Asbestos (Prohibitions) (Amendment) Regulations 1999. Since then, further business premises regulations target similar products with high toxicity values.
There are several important steps that you must follow if you discover asbestos in a non-domestic property:
Note: UKAS is an official United Kingdom Accreditation Service. They can help you source an accredited asbestos surveyor and testing laboratory.
There are severe penalties for failing to have a plan to deal with asbestos or putting the plan into action. In some cases, the offenders could face:
Serious breaches of illegal asbestos removal have even stricter penalties. You could get an unlimited fine and imprisonment up to two (2) years.
Note: Asbestos regulations also apply to the owners of a derelict or a vacant building or warehouse. These types of situations also require an asbestos survey.
The Health and Safety Executive (HSE) website has further information on the duty to manage asbestos in non-domestic buildings.
Check the Health and Safety Executive Northern Ireland (HSENI) website. It has extra guidance for employees and employers on managing asbestos in Northern Ireland.
Managing Asbestos in Commercial Buildings in the United Kingdom