Posted By Malcolm Greenhouse
Has a housing association we have undertaken a 10% sample asbestos survey of our stock and extrapolated by type and age to the remain 90% However I am being told that this is insufficient for the communal areas of property (blocks of flats etc.)

Does anyone know the definitive legislation that may indicate one way or the other for asbestos survey requirements of communal areas in dwelling properties. The inference is that like commercial buildings they have to be managed from an asbestos point of view. The view in the association is that they are not legally obliged to have a survey and management system it is just seen as good practice.

Whilst I am at it the housing association has shops that they rent out. Will these require an asbestos management system based on a survey and if so is it the landlords responsibility or the commercial tenants responsibility.

You would think that someone in the organisation full of surveyors, building inspectors and the like would know this but I have not been able to find anyone and my experience is outside of housing and property in general

Posted By Doug Kelly
Malcolm

The ACOP L127 'The management of asbestos in non-domestic premises' offers quite explicit informaton relating to Reg 4 of CAR2006 - especially paragraph 7 relating to 'common areas' (whereby communal dining rooms in sheltered accommodation are not classed as a 'common area' and so on ???!!) - and paras 22-33 for identification of the 'duty holder'and provides a number of scenarios that may help you decide what needs to be done.

Posted By Stephen Bowdler
Malcolm,
Get yourself a copy of L127 (The management of asbestos in non-domestic premises) as this will define the responsibilities.
I would also remind you that as a Housing Association you should provide any persons conducting work at these premises with copies of your asbestos registers (required since the Asbestos Regs 2002)to make them aware of any areas they are likely to disturb does not contain any ACM's.
Steve B

Posted By Bruce Sutherland
Hi Malcolm

I doubt you are joking but I wish you were -

Reg 4 - there is no doubt that you have a duty to manage communal areas - 10% is unlikely to be adequate - we have done lots of these surveys and it simply does not work

but the joy is Reg 5 - before anyone does any work they have to know what is asbestos or get the work done by a licensed contractor - oh and CDM duty on clients re info.

there are a truck load of other duties if you need further stuff

If you want any more information please do not hesitate to contact me

Bruce

Posted By Adrian Watson
Dear Malcolm,

Your duty is to manage not to survey properties for asbestos; The management plan is an absolute requirement the surveys are not!

Reg 4(3) states "In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises."

Reg 4(5) states "Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that—

(a)account is taken of building plans or other relevant information and of the age of the premises; and

(b)an inspection is made of those parts of the premises which are reasonably accessible."

The inspection is not a survey and this task can be done by profiling your stock. Some properties however may need a survey. If your 10% survey is representative of your properties, then your survey is adequate ... I would actually say excessive.

Regards Adrian Watson

Posted By Adrian Watson
Bruce,

The condition of a riser is important, but it doesn't need a survey to tell a person that materials are in poor condition. It needs someone to know and inspect their properties.

Regards Adrian