Rank: New forum user
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Hi, this or a similar question may well have been previously asked in connection with asbestos and rented domestic houses. I am trying to see if anyone would mind commenting on my understanding and providing further comments. I understand that communal areas of flats must have a mgt asbestos survey and annual monitoring must be implemented. However, I am wondering what regulations apply to rented domestic properties. My understanding is that there is no regulation (except by virtue of CDM) but there is a general duty to protect tenants and when building / maintenance work is carried out the workers must be protected and the property then becomes a workplace and the control of asbestos regulations apply.Large landlords seem to carry out a sample asbestos survey of archetypes and then clone the data to the same archetypes in their stock; they then carry out R and D surveys of voids and build up a picture of their stock over time. If a landlord of domestic houses owned say 150 properties, is there a duty to undertake management asbestos surveys and is a sample ,say 20%, okay if they are built at the same time using the same construction and have not been modified in any way?Also, what regulations make an asbestos survey a requirement to be carried out in rented domestic properties? Finally, My understanding is that under CDM 2015, there is a requirement to provide pre construction asbestos information prior to construction activities ( which covers almost all work) so a mgt asbestos survey would always be required under CDM for routine maintenance work. Thanks for reading and look forward to replies.
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Rank: Super forum user
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If any of your works are intrusive in nature, you would need to undertake a suitable R & D survey before undertaking any works as the landlord has responisibilities to not only the contractors, but also those who could be affected by their work. We are not the biggest of landlords (Approx 250 residential properties) and we have management surveys for all of our properties except for the Post 2000 stock.
Re-inspections of ACM's should be undertaken at least annually depending on the materials, location and their condition i.e. if you have AIB panelling in a high traffic area of a premises where its likely it could be damaged, re-inspection may need to be more frequent compared to cement undercloaking on a house. You could consider the Defective Premises Act and the Landlord and Tenant Act as this places duties on the landlord to ensure a property being rented is safe for habitation- therefore any damaged ACM's should be dealt with or managed accordingly.
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