The Control of Asbestos at Work Regulations 2002

Question:

I am about to take on a lease of commercial premises. Should I bother with a survey or will the landlord not be responsible for the premises?

Answer:

The short answer is that you should check the lease to see how the repair and maintenance obligations are divided between the landlord and tenant. Asbestos is of particular topical interest. The Control of Asbestos at Work Regulations 2002 (coming into force on 21st May 2004) introduce a duty on those responsible for maintaining commercial properties to:

• assess whether there is any asbestos in the premises;
• decide whether any asbestos in the premises should be removed or properly maintained;
• monitor the asbestos; and
• ensure that those likely to come into contact with any asbestos in the property (such as emergency services or contractors) are provided with information about the asbestos.

You should therefore consider the above carefully with a surveyor to ascertain whether any steps need to be taken.