The Regs state: Duty to manage asbestos in non-domestic premises This section has no associated Explanatory Memorandum 4.—(1) In this regulation “the dutyholder” means— (a)every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access or egress to or from those premises; or . (b)in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access or egress to or from those premises, . and where there is more than one such dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person My question is does this extend to rented accommodation i.e. a council house, as sometimes it is non domestic - when repairs are being complete and others it is domestic when daily life is being conducted.

As per Ray's comments, the HSE sent a letter out (possibly 2008/2009 if memory serves me right) stating the fact that the argument for domestic properties etc does not override the requirements of the health and safety at work act etc. This was sent to local auhtorities and social housing companies I believe and was on their website, I may still have this as a pdf somewhere that I could dig out if you require.

This may be the HSE letter sent to LA's that has been referred to........ http://www.hse.gov.uk/se...idance-refurbishment.pdf