Does A Commercial Landlord Have To Provide An Asbestos Survey In Sussex?

Asbestos is a hazardous material that was widely used in the construction of buildings until it was banned in the UK in 1999. Today, it is well known that exposure to asbestos can lead to serious health problems, including lung cancer and mesothelioma, and that it can be found in many older buildings. This has important implications for landlords and property owners, who have a duty to manage the risks associated with asbestos in their buildings.

In this article, we will explore whether commercial landlords are required to provide an asbestos survey in Sussex, and what the implications are for landlords who fail to comply with their legal obligations.

What is an Asbestos Survey?

Before we dive into the legal requirements, let's first define what an asbestos survey is. An asbestos survey is a detailed inspection of a property to identify any materials that contain asbestos. The survey is carried out by a qualified surveyor, who will take samples of materials suspected to contain asbestos and have them analyzed in a specialist laboratory. Based on the results of the analysis, the surveyor will produce a report detailing the location and condition of any asbestos-containing materials (ACMs) on the property and provide recommendations for how to manage these materials.

The Legal Requirements

Under the Control of Asbestos Regulations 2012, owners and occupiers of commercial properties have a legal duty to manage the risks associated with asbestos in their buildings. This includes the duty to:

• Identify the presence and location of any ACMs on the premises
• Assess the condition of any identified ACMs
• Create a plan for how to manage the risk associated with any ACMs
• Monitor the condition of any ACMs
• Provide information on the location and condition of any ACMs to anyone likely to disturb them, such as contractors or maintenance staff

To fulfill these duties, a commercial landlord must first arrange for an asbestos survey to be carried out on their property. The survey will identify any ACMs present, assess their condition, and provide recommendations for how to manage the risks associated with them.

Derivative Claims

In the event that a landlord fails to provide an asbestos survey on their property, and someone is subsequently exposed to asbestos, a derivative claim can be made against the landlord. A derivative claim is a legal action taken by a third party on behalf of a person who has suffered harm as a result of the landlord's negligence.

In the case of asbestos exposure, a derivative claim can be made by anyone who has been exposed to asbestos on the landlord's property and suffered harm as a result. This could include employees, contractors, or members of the public who have been present on the property.

The Consequences of Failing to Provide an Asbestos Survey

The consequences of failing to provide an asbestos survey can be severe. If a landlord fails to identify and manage the risks associated with ACMs on their property, they could be putting the health of anyone who occupies the property at risk. In addition to the potential harm caused to individuals, there are also legal and financial consequences for the landlord.

If a landlord is found to have breached their legal duty to manage the risks associated with asbestos in their building and someone is subsequently harmed as a result, they could be liable for damages. In addition, failure to comply with the Control of Asbestos Regulations 2012 can result in legal action being taken by the Health and Safety Executive (HSE), which can lead to fines and even imprisonment in extreme cases.

Our Services

At Affordable Asbestos Removal Sussex, we are a local asbestos survey company in Sussex, offering a range of services to help commercial landlords comply with their legal duty to manage the risks associated with asbestos.

We provide a range of asbestos surveying services, including management surveys and refurbishment and demolition surveys. Our experienced surveyors use the latest techniques and equipment to identify any ACMs on your property and provide detailed reports with recommendations for how to manage the risks associated with them.

In addition to our surveying services, we also offer asbestos removal and encapsulation services to help property owners protect themselves and their occupants from the risks associated with asbestos exposure.

Contact Us Today

If you need an asbestos survey on your commercial property in Sussex, don't hesitate to get in touch with Affordable Asbestos Removal Sussex. We are available by phone at 01273 978238 or by email at [email protected].

Our website, affordable-asbestos-removal-sussex.co.uk, provides more information about our services and how we can help you manage the risks associated with asbestos on your property. Don't put yourself, your occupants, or your business at risk contact us today to discuss your asbestos surveying needs.