Does the duty to manage asbestos affect me?
Yes, if you are responsible for maintenance and repairs. You are a dutyholder if:
- you own the building;
- you are responsible through a contract or tenancy agreement;
- there is no formal contract or agreement but you have control of the building;
- in a multi-occupied building, you are the owner and have taken responsibility for maintenance and repairs for the whole building.
If you are unsure whether you are a dutyholder – seek professional advice.
If you are not the dutyholder, but have information about the building, you must co-operate with the dutyholder, eg landlords must pass on relevant information to new tenants, and leaseholders must allow access for inspection by managing agents.
What buildings are affected?
- All non-domestic buildings, whatever the type of business.
- The common areas of residential rented buildings, eg halls, stair wells, lift shafts, roof spaces.
What if it is a domestic property?
This is a more difficult area, but heres a table that will help.
Type of | Type of | Rooms or | Duty to manage applies? |
Private house – single dwelling, including bed-sits | Owner – occupier | All | No |
Let to single family | All | No | |
Occupied by more than one family | Private rooms, eg bedroom, living room | No | |
Shared rooms, eg kitchen, bathroom, lavatory | No | ||
Rooms let to lodgers | Common areas for access and circulation, eg entrance hall, staircase | No | |
Private rooms | No | ||
House converted into flats | Occupied by more than one family | Private rooms | No |
Common areas for access, circulation and storage, eg entrance hall, staircase, roof space | Yes | ||
Garages, | Integral to, or linked with residence | Private | No |
Not allocated to any specific person | Common parts | Yes | |
Block of flats | Occupied by more than one family | Individual flats | No |
Common areas, eg foyer, lift, stairs, lobby; boiler and plant-room, roof space, communal yard, garden, store rooms, bike shelter, external outbuilding | Yes | ||
Flats over a shop or office, with or without a separate entrance | Occupied by the shop or office owner | Private rooms | No |
Leased separately | Private rooms | No | |
Access and circulation areas | Yes | ||
Sheltered accommodation | Private rooms | No | |
Common rooms, eg dining room, lounge | No | ||
Work areas, eg kitchen, staff room, laundry | Yes | ||
Common areas, eg foyer, lift, stairs, circulation areas, boiler room, store rooms, roof space, external outbuilding | Yes | ||
Hotel, guest house, hall of residence, hostel (private and local authority), care home | Includes bed and breakfast if that is the main purpose | Private rooms occupied by the owner | No |
Guest accommodation and common areas, (eg foyer, lift, stairs, circulation areas), store rooms, roof space, outbuilding | Yes | ||
Tied cottage / accommodation | Leased or rent-free | All | No |
Farm | Leased or rent-free | Farmhouse | No |
Farm buildings | Yes |
If you need further help or advice, please contact AMS on 01670 737355