Who Needs an Asbestos Survey
Under the Control of Asbestos in the Workplace Act of 2004, any non-domestic building must have an asbestos survey undertaken. Under the Act, this is the responsibility of the duty holder.
Non-domestic property
This is any building used solely for commercial purposes but also includes the shared and common parts of multiple-occupancy residential premises. These would include; foyers, lifts, stairs, lobbies; boiler and plant rooms, roof spaces, communal yards, gardens, store rooms, external outbuildings, bike shelters etc.
Who is the dutyholder?
All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises.
The duty holder may well be the landlord, tenant or a managing agent, depending on the circumstances of the case. In some situations, responsibility could be shared between two or more parties.
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