Is A Commercial Tenant Required To Conduct An Asbestos Survey In Devon?

Asbestos is a dangerous substance that can wreak havoc on people's health if proper precautions are not taken. Due to its harmful effects, the UK has put regulations in place to control its use and ensure the safety of those who encounter it. As a result, property owners and managers are required to take certain steps to prevent exposure to asbestos. This article will explore the need for a commercial tenant to conduct an asbestos survey in Devon, South West England.

What is Asbestos?

Asbestos is a naturally occurring mineral that was commonly used in construction materials from the 1950s to the 1980s. It is a highly effective heat and fire-resistant material and was used extensively in the construction of buildings, especially in commercial properties. However, the use of asbestos has now been banned in many countries, including the UK, due to its link to mesothelioma, lung cancer and other respiratory diseases.

Why is Asbestos Dangerous?

When asbestos is disturbed, it releases tiny fibres that can be inhaled and cause damage to the lungs. Unfortunately, the symptoms of asbestos-related diseases can take years, if not decades, to appear, making it difficult to identify the culprit of the exposure. Due to the severe health hazards, asbestos has been strictly regulated, requiring responsible and proactive management at all times.

Asbestos and Commercial Property

If the owners of commercial property built before 2000 suspect the presence of asbestos, there is a legal requirement to carry out an asbestos survey to assess the degree of risk. This is due to the fact that any building constructed before 2000 must have an asbestos management plan in place.

Asbestos can be found in a variety of materials, from insulation and pipework to ceiling tiles and roofing felt. To establish the extent of the problem, it is essential to conduct a proper survey. The survey will identify whether there is asbestos in the property, the type of asbestos, where it is and the condition it is in, and what needs to be done to manage it. The survey should be carried out by a licensed asbestos survey company in Devon.

Asbestos Survey Principles

The asbestos survey should ensure that:

• Everyone who needs to know about the presence and location of asbestos-containing materials (ACMs) is informed about their locations.
• No one will disturb the asbestos unknowingly.
• The material can be managed safely where it is.

Once the survey is complete, the findings will be recorded on an asbestos register. This register will include the locations and conditions of any asbestos found as well as any actions taken to manage the risk.

Asbestos Survey Regulations

The Control of Asbestos Regulations 2012 regulates the survey and management of asbestos in commercial properties, such as shops, offices, and factories. The regulations require that "anyone responsible for the maintenance of non-domestic premises or control of access to those premises must establish whether there is asbestos present in the premises and determine what needs to be done to manage the risk. The person responsible is required to manage the risk of asbestos and take necessary precautions to ensure the safety of the public and employees.

Asbestos Survey Form

The asbestos survey form will identify the type of asbestos material found, where it is located, and its condition. They are:

• Asbestos-containing materials (ACMs) that are likely to be damaged or disturbed.
• Asbestos-containing materials (ACMs) that are in good condition and are unlikely to be damaged or disturbed.
• Where asbestos has been removed.

Asbestos Survey Summary

An asbestos survey summary will be provided once the survey has been conducted. It will outline the results of the survey, highlighting areas with asbestos present, its condition, and any actions required to manage the asbestos. The summary will also provide information on emergency procedures for workers or individuals who may come into contact with asbestos.

Asbestos Assessment Practice Note

An asbestos assessment practice note has been issued by the Health and Safety Executive (HSE) to provide guidance on managing asbestos in non-domestic settings. This note provides information on identifying, assessing, and managing asbestos in the workplace. It also includes guidance on training employees, managing asbestos in emergencies, and the responsibilities of duty holders.

Asbestos Survey Financial

The cost of an asbestos survey depends on various factors. The size of the commercial property, the number of rooms, and the type of asbestos found will all impact the survey's cost. However, it is important to note that the cost of an asbestos survey is negligible when compared to the long-term financial consequences of failing to comply with regulations or exposing employees to asbestos.

Asbestos Survey and Brexit

The UK's decision to leave the European Union (EU) will not affect the management of asbestos-related issues, including surveys, regulations, and practices. The UK government has stated that it will continue to implement EU legislation in its entirety until it is changed, withdrawn, or replaced by new national measures. Commercial tenants, therefore, need to understand and comply with the asbestos regulations as they are now.

Does a Commercial Tenant Need An Asbestos Survey?

Commercial tenants who lease premises need to consider the risks associated with asbestos exposure. If they plan to make alterations or refurbishments to the building, they will need to commission an asbestos survey. Due to the legal responsibility for the whole building's condition, it is advisable for the tenant to commission the survey so they can ensure that it meets their personal office and health and safety requirements.

When looking to sell a commercial property in Devon, the seller will also need to disclose the nature and extent of any ACMs present. This means that they will need to commission an asbestos survey before putting the property up for sale.

Why Asbestos Survey is Important

Asbestos surveys are vital to the health and safety of those who work and visit commercial properties. The survey will identify any asbestos-containing materials (ACMs) and provide guidance on managing the risk of exposure. Compliance with the regulations will ensure that employees and visitors are protected from the dangers of asbestos.

In conclusion, commercial tenants are required to conduct an asbestos survey in Devon if they plan to make alterations or refurbishments to the building. It is also advisable for tenants to commission the survey to ensure that the property meets their personal office and health and safety requirements. When looking to sell a commercial property in Devon, the seller will also need to disclose the nature and extent of any ACMs present. Affordable Asbestos Removal Devon is a licensed asbestos survey company in Devon that can help commercial tenants comply with the regulations and manage the risk of asbestos exposure. If you require any further information or advice, please call us on 01962 458066 or send an email to [email protected].