The Duty Holder would then be breaking the law and be liable to prosecution. The maximum penalty is a £5,000 fine, imprisonment, or both. The absence of the Register and management plan can also have a detrimental effect on your building insurance in the event of a claim, could invalidate your Health & Safety policy and in some cases, have an adverse effect on the response of the emergency services to your premises.
Regulation 4 of The Control of Asbestos at Work Regulations 2002 came in to force on the 21st May 2004. There was a period of grace up to the 21st November 2004 when it became a legal requirement to identify all asbestos and produce a register and management plan for that asbestos.
Anyone who manages, controls or is responsible for the building. This person is known as the Duty Holder and is required by Law to maintain an asbestos Register, and to have produced a management plan for the asbestos.
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All commercial premises and communal areas within private residential block of flats and house conversion even if it’s only 2 flats within a residential property.
Optional. Even though all asbestos was banned from 1999, there were still some asbestos containing products in the supply chain.
Taking on a directorship involves the assumption of many duties, not least of which in the case of your company, may be the need to manage the asbestos that is present in your building. The new regulations apply principally to non-residential property, but do apply to residential blocks if there is asbestos in the common parts. The regulations place an obligation on those managing the building to identify where the asbestos is present and to create a plan to manage and monitor the asbestos if there is no immediate risk.
As a leading UK asbestos survey specialist, we get asked a lot of questions. We compiled some of the most asked questions below.
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