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comptons clarifies asbestos banned

Comptons Clarifies...Asbestos

Did you know that Asbestos was banned in the UK in August 1999, because if asbestos fibres are inhaled, they can cause fatal diseases.

The Control of Asbestos Regulations (CAR) 2012 requires the person responsible for the building, (the Duty Holder) in every non-domestic property built before 1999 to have an Asbestos Management Plan to identify asbestos-containing (or suspected) material (ACM) to prevent exposure to asbestos.

There are traditionally 3 types of asbestos survey

A) Type 1 – Basic asbestos survey, these are no longer valid under the current regulations (Control of Asbestos Regulations 2012).

B) Type 2 – This is called a ‘Management asbestos survey’ to manage ACM during the normal occupation and use of premises.  The duty-holder can do this if the premises are simple and straightforward.  Otherwise, a surveyor is needed with the aim being that:

  1. nobody is harmed by the continuing presence of ACM in the premises or equipment
  2. that the ACM remain in good condition
  3. that nobody disturbs it accidentally.

If you have a management asbestos survey and an appropriate asbestos management plan, only the plan needs updating regularly, not the survey.

C) Type 3 – ‘Refurbishment or Demolition asbestos survey’ is required to be produced by a surveyor where the premises, or part of it, need upgrading, refurbishment or demolition.  It does not need to record the ACM condition and aims to ensure that

  1. nobody will be harmed by work on ACM in the premises or equipment
  2. such work will be done by the right contractor in the right way.

The area surveyed must be vacated, and certified ‘fit for reoccupation’ after the survey, which is generally valid for a period of up to 12 months, unless you have managed the asbestos in the interim. Following removal of asbestos, any management plan should be updated to reflect the changes.

Susanna Levingstone - Senior Associate Solicitor Comptons Solicitors
About the Author
Susanna Levingstone, Solicitor, Residential Property

Specialises in: Property Conveyancing, Large Rural Estates, Lockout Agreements, Auctions, Options and Time-critical Contract Races, Attended Exchanges, Acting for First Time Buyers, Property Dealers & Developers, Cohabitation Agreements

If you would like to speak to someone regarding Asbestos, or require further information on any Residential Property matter, please contact Susanna Levingstone in the Residential Property department at Comptons Solicitors LLP. ( / 020 3830 6276).