This applies to any non-domestic premises and is therefore primarily concerned with commercial premises; however, it is important to note that it will also cover the common areas of residential rented properties and thus cannot be ignored by private-sector landlords.

The duty holder must take reasonable steps to determine the location and condition of materials likely to contain asbestos. This will require a physical inspection both inside and out to identify materials, and then a written plan must be prepared identifying the location of those materials, as well as assessing the risks of anyone being exposed to fibres. The plan should be reviewed and monitored periodically, and there should also be regular inspections to ensure that asbestos has not deteriorated (typically, every 6-12 months). Information on the location of asbestos should be provided to anyone who is liable to work on the building (eg contractors) and workers should take care not to create dust and use high-speed power tools; where possible, materials should be kept wet, with workers wearing suitable protective clothing (which is not taken home to be washed). There is also a duty on all those involved in the building to co-operate. For instance, this could require T to allow access so L can carry out a survey; a building surveyor or architect who has plans must make those available to a duty holder at reasonable cost.

It seems quite clear that most property owners have not properly addressed their duty to manage liabilities. However, it seems inevitable that insurers will want proof of compliance as part of their requirements for issuing employer’s liability insurance cover. Thus, an employer who does not comply with the Regs could find that he has no employer’s liability insurance cover (or that such cover is void).

One bit of good news is that there may be some tax benefits available. The Land Remediation Relief Schedules in FA 2001 allow companies that pay corporation tax to claim tax relief of up to 150% of the actual costs incurred in removing and replacing any asbestos in their buildings (assuming that they were not responsible for installing the asbestos in the first place). Source: Clyde & Co. © Practical Lawyer