Who is responsible for asbestos in the common parts of a block of flats?
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The person responsible for the common parts, usually the freeholder or the residents’ or RTM company that maintains them, has the duty to manage asbestos there. It doesn’t cover the inside of individual flats. The duty can’t be passed to a managing agent.
What the duty covers
Regulation 4 of the Control of Asbestos Regulations 2012 is the duty to manage asbestos. The HSE says it covers non-domestic premises and the common parts of multi-occupancy domestic premises such as purpose-built flats. Common parts means foyers and corridors, lifts and lift shafts, staircases, roof spaces, gardens and yards, and outhouses and garages. It doesn’t cover individual flats.
Who has it
The dutyholder is anyone who, through a contract or tenancy, has an obligation of any extent to maintain or repair the premises, or, where there’s no such contract or tenancy, whoever controls them. In HSE’s words, for common parts that is the person responsible for those areas, such as the landlord. In a leasehold block that is typically the freeholder, or the residents’ management company or RTM company if it has taken on the maintenance. If more than one person is responsible, the duty is shared according to who is responsible for what.
A managing agent acts on the owner’s behalf but, according to HSE, does not take on the owner’s duties in law. The legal obligation can’t be passed to the agent, and ultimate responsibility stays with the owner.
What you have to do
- Make sure a suitable and sufficient assessment is carried out of whether asbestos is, or is liable to be, present, taking account of building plans and the age of the building and inspecting the reasonably accessible parts. Record the conclusions.
- If asbestos is or may be present, assess the risk and prepare a written plan identifying where it is and how the risk will be managed.
- The plan has to include monitoring the condition of the asbestos, maintaining it or safely removing it where necessary, and giving information about its location and condition to anyone likely to disturb it and to the emergency services.
- Review the assessment without delay if you suspect it’s no longer valid or the building changes significantly. Review and revise the plan at regular intervals. HSE’s guidance says every 12 months or sooner if necessary.
Anyone working on the building must co-operate with the dutyholder. In practice that means telling contractors about the asbestos before they start work, so they don’t disturb it. HSE also says that for buildings built or refurbished before the year 2000, asbestos should be presumed present unless there’s strong evidence otherwise.
How Tiny Freeholder helps
Tiny Freeholder records the asbestos survey, keeps the register of what was found and where, holds the management plan with its review date, and gives contractors a link to read the register before they start work.