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Posted By skooter1
Morning all,
can you help me out with a question I am struggling to answer.
Under the new Asbestos regs, I have to provide a survey of our building before I can have contractors come in to do any work.
The building was completely rebuilt in 1995, and as white asbestos was not banned till 1999 there is a bit of concern as to there possibly being asbestos within the building.
this is where I am getting held up. Does the responsibility and cost lie with the land lord for not providing us with an asbestos survey as tenants or as tenants because we are having contractors in to do invasive work does the duty and cost lie with us?
Scott.
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Posted By Rob Cooknell
It's the person in control of premises who is responsible for the asbestos survey (this is the person that carries out repairs and maintenance on the building). This is usually the tenant, but can sometimes be the landlord - you will need to check your lease to make sure who has repair and maintenance obligations.
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Posted By CFT
Agree with Rob; the lease will answer the question for you.
CFT
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Posted By skooter1
Thank you gents
Scott.
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Posted By DRB
We've just had a very similar query. In our case the client (the tenant) had some responsibility for repair as did the landlord. Our advice was that where the landlord was responsible for the maintenance of the fabric and common parts of the building and the tenant responsible for the decor it was the landlord who was the dutyholder under the CAR 2006. Remember though if you are commissioning works you still have duties under HSWA.
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Posted By Robert K Lewis
Once you took over the premises the 2002 regulations, followed by the 2006 regulations, made you the duty holder, with regard to the parts of the premise that you control. If the lease does not specify the landlord as in control the costs and duties rest with your employer.
Because of the building age you should already have a management plan in place. This is more detailed than simply a survey/inspection or register.
CDM 07 supplements the requirements to provide information to all persons undertaking work in the premises. It will depend on the scope and nature of the work how detailed any inspections or surveys are likely to be required. If penetration of the structure fabric or equipment is intended then a type 3 in identified locations may be required.
Without a management plan you are already in breach and need to get something organised even without any additional needs imposed by maintenance work.
Bob
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