Asbestos has been used prolifically in various kinds of property development throughout history. With usage becoming prevalent during the Industrial Revolution. Its unique properties as a building material made it extremely popular for building projects, which peaked between 1950 and 1970.
Many properties that were built before 2000 will likely contain asbestos in multiple forms. Unfortunately, airborne asbestos is extremely harmful. If damaged or disturbed during works, asbestos fibres can be released into the air and inhaled by those in close proximity to it. Asbestos can cause irreversible damage to the lungs of anyone who breathes it in.
Buildings constructed up to 2000, when construction using asbestos related materials was made illegal, can still contain asbestos in different forms and quantities. As a commercial property owner or occupier, it is therefore important to identify where it is, to monitor it for damage and deterioration and to know who is responsible for managing asbestos, due to the significant health risks associated with it.
What is Asbestos?
Asbestos is a naturally occurring building material that has been used for many years. It became popular due to it being readily available, strong, heat and fire resistant and good for insulation. Whilst it was popular as a building material, the risks of being exposed to asbestos fibres can be severe. The main diseases that affect people who are exposed to asbestos are as follows:
- Mesothelioma
- Asbestosis
- Diffuse Pleural Thickening
- Lung Cancer
All of these diseases are very serious, and some of them are fatal.
Why is it important to ascertain responsibility?
Improperly managing asbestos will not only have severe health consequences for individuals exposed to it, but it can also be costly for an owner or occupier of commercial property.
The Control of Asbestos Regulations 2012 is the primary legislation for the management of asbestos. It is enforced by the Health and Safety Executive and failure to comply, can constitute a criminal offence, punishable by fine or imprisonment.
What should a commercial property owner or occupier do?
Due to the risks associated with prolonged exposure to asbestos, it is very important for commercial property owners and occupiers to establish the following:
- Where is it?
- What condition is it in?
- Who is responsible for monitoring and managing asbestos?
- How costly will it be to remove?
- Does the presence and condition of asbestos have an impact on the value of the commercial property transaction?
For more information on asbestos and its impact on commercial property, you may find the following links useful:
In December 2013 the Health and Safety Executive published an Approved Code of Practice for managing and working with asbestos – Managing and working with asbestos. Control of Asbestos Regulations 2012. Approved Code of Practice and guidance (hse.gov.uk)
In September 2022, the Royal Institute of Chartered Surveyors published a 4th edition of its guidance notes on Asbestos – Asbestos (rics.org)
Who is responsible for manging asbestos?
The responsibility for managing asbestos in commercial property ultimately falls to the ‘dutyholder’. This can either be the owner, a tenant or a managing agent. The responsibility can vary based on several different factors:
- If a commercial property is owned and fully occupied by the same person/company, with no occupational interests, the responsibility will fall on the owner to manage the risk.
- If a commercial property is subject to occupational interests, such as tenants under a commercial lease, then the responsibility to manage the risk of exposure can be delegated under the commercial lease. This means that the obligation can pass on to either the landlord or the tenant.
- If there is a management company instructed by a commercial landlord, who is also a party to a commercial lease, then the responsibility can be passed on to them to manage the risk.
What can we do to help you?
For all of the above reasons, before purchasing a commercial property or taking/granting a commercial lease, it is important to carry out thorough due diligence in relation to asbestos. Let Oliver and Co take care of business. Our commercial property team will carry out enquiries to ensure that you are fully informed of your responsibilities associated with asbestos. We strive to provide you with as much information as possible to help with those responsibilities but to also allow you to make the best possible decisions in relation to your commercial property transaction. Contact us today or call us on 01244 312306 to see how we can help you and your business.
