Hi all

Here's a teaser. CAR 2006 places a duty to manage asbestos in don-domestic premises on the employer. That's all fine and good.

However, if a domestic property is let out for a fee, payment of any rent then technically becomes a business transaction. Therefore, would the premises then become a commercial premises?

I understand that the communal areas of domestic/ residential premises are subject to CAR 2006, but am unsure of the above. There appears to be an imp[lied duty, but I cannot find anything definitive. If this places the property firmly in the 'commercial' sector, then this could potentially have a wide ranging impact on our business.

To further muddy the waters, LA's and housing associations generally have an asbestos register for all of the tenant properties, including an asbestos management plan. Would this further allude to my initial assumption that 'let' properties are therefore subject to CAR 2006?

Any advice/ opinions from asbestos experts would be greatly appreciated.

Murray18822 - is there any chance you could qualify that?

What about if we were to send in contractors to carry out maintenance works?

Regulation 4 has limited scope in relation to domestic premises. The rest of the Regs (and indeed the wider duties of HASAWA etc.) will apply when the landlord engages a contractor.
See (e.g.)
http://www.hse.gov.uk/press/2011/coi-yh-511.htm

The premises doesn't become a commercial premises - the nature of occupancy would have to change. Clearly if a housing association contracts out a refurbishment programme it would be liable to provide information relevant to the health and safety of the contractors.

We would be unlikely to be involved in significant works (such as refurbishments) as we are in the private sector. The respective landlord themselves would be more likely to do that.

So, it would be best practice to have some kind of asbestos management plan in place for contractors, but it is not a requirement per se, as each property would by and large remain a residential premises.

I note the above post, and remember that CAR doessn't start and finish with a duty to manage but other duties as well in connection with the exposure (or not) of employees to asbestos. So whether in this case there is a legal duty to 'manage' under reg 4, there is I suspect a duty to manage exposure under CAR as well as the more general duties under HASAWA etc.

Having dealt with just that problem in the past the inland revenue treated the area as a business and expected all business parameters to be met, so if somebody is paying rent etc for its use as a domestic property e.g. they are a domestic tenant and are treating the place as their home then it may be deemed as a domestic property in some situations but if the rent etc is for any sort of business activity and is paid by a business it them becomes a business; so open up your question please so as the full answer can be explored

Also all landlord duties apply e.g. fire

NB: For environmental and transportation purposes it does not matter if it is a domestic or business premises; asbestos is treated as hazardous waste irrespective of CAR

Your biggest problem will be providing sensible info about asbestos to your tenants without a back lash and do not talk about asbestos unless the substance is present & if U do not know if asbestos present U should do

After facing this situation a number of times myself my advice is to plan & prepare properly & do treat your audience with respect as they are not all serial claimers nor stupid and I advise to be open and honest in a measured way whilst controlling the situation - do not wait for 'others' to discover asbestos and thereafter be on the back foot!

In reality Asbestos is probably one of the least risky interfaces an average tenant may have in any given day but the press etc pick up on things so ensure that U have any likely questions to hand along with their sensible answers

Best of luck