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Posted By Steve Rhodes
I don't know if anyone can help but I have a query regarding the definition of 'domestic premises' undr the Asbestos at Work regulations. I have see a statement from the asbestos licencing unit which says that domestic garages used by a sole occupier for normal garaging purposes are domestic. However I can find no reference to support this statement. The particular circumstances are that I am working with a local authority own a number of blocks of garages with asbestos cement sheet roofs. The garages are let to private individuals to garage their cars. Are they domestic or non-domestic premises?
We willl still be dealing with the roofs under other obligations but we need to know if the provisions of AaWR appy.
Any help appreciated.
Steve Rhodes
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Posted By Tony Gladman
Hi Steve
I work with local authorities and housing associations and this crops up fequently.
With regard their duties under CAW Regs....
As controllers of premises they are required to identify and control asbestos within ... and advise persons working in the properties of the presence of asbestos.
This includes common areas such as corridors in block of flats.. but not the flats themselves (domestic dwellings.
I would think that the roofs on a block of garages would be classed as common areas....(clear as mud?).
Tony
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Posted By Salus
some local authorities and where they took over from district councils, housing associations owned small parcels of land, they then allowed tenents to erect their own garages on them for a small rental charge every year, some of those garages have asbestos contaning materials in the structures.
Then you get a tenent who does not own a garage but the garage backs onto their garden complaing that they have children and the maybe asbestos wall / roof sheets of the garage are hazardous because of their condition.
Some of the garages have not been used in years , some have been taken over by others ,no records etc.
the duty holder cannot just get rid of them, they have to wait until all owners have been contacted.
Can be very difficult to clear up
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Posted By Adrian Watson
Dear Steve,
It is actually quite clear. As HSE have confirmed garages used by one family are domestic premises, even if owned by a Local Authority, because the family have sole right of use and enjoyment of the garage as part of their tenancy of the domestic property.
Regards Adrian Watson
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Posted By Adrian Watson
PS in answer to your original question; No the CAWR 2002 do not apply.
Regards Adrian
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Posted By Ken Taylor
My understanding is that the interiors of garages within individual tenancies are not required to be managed under the CAW Regs but that the Regs will apply with regard to controlling the risk from asbestos when they become a workplace (eg repairs by the landlord). Communal garages and the exposed exteriors of buildings (including garages) controlled by employers would be subject to management. Fortunately we do not have too many of these but I did arrange for garage blocks to be surveyed at the same time as communal areas and tenants were advised in writing of the findings and our plans for management of any asbestos-containing materials.
In addition to the CAW Regs there are various other duties that are owed to tenants and the risk from asbestos should be considered in this respect. With this in mind we have carried out some sample surveys in typical residences and acted upon the findings.
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