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These Regulations apply to every person who has a contract or a tenancy of a non-domestic premises and has an obligation in relation to the maintenance or repairs of that non-domestic premises or a means of access to them. The Regulations also apply if there is no contract or tenancy but there is some control by that person of the premises. The person(s) is referred to as "the Dutyholder" under the Regulations.

• There is a legal requirement to comply with The Control of Asbestos Regulations 2006 in respect of non-domestic premises.
  
  
• An Asbestos Register must be kept and maintained at the premises and updated on a regular basis.
  
  
• To ensure the management of the risk from asbestos, the Dutyholder must make sure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to present in the premises.
  
  
• This assessment must include a record of the building plans, age of the premises and all other relevant information. An easily accessible record of this information must be kept at the premises in the Asbestos Register.
  
  
• An inspection must be made of the relevant parts of the premises, which are reasonably accessible in the form of a survey.
  
  
• The Dutyholder is under an obligation to ensure that the conclusions of the assessment and every review are recorded. If the assessment shows that asbestos is or is liable to be present, then the Dutyholder must ensure that a determination of the risk from the asbestos is made, with a written plan identifying those parts of premises concerned. A record of the measures which are to be taken for managing the risk should be specified in a written plan in the Asbestos Register and acted upon.
  
  
• Work should not be undertaken with regard to asbestos unless a licence has been granted by the Executive.
  
  
• You are also required to provide notification of work with asbestos to the appropriate office of the enforcement authority in writing at least 14 days before commencing work.
  
  
• If a person is liable to be exposed to asbestos then they should be provided with adequate information, instruction and training in respect of this.
  
  
• There is an obligation to prevent or reduce the exposure to asbestos in so far as it is reasonably practicable.
  
  
• An appropriate person should be given control of the Asbestos Register.
  
  
• The information in the Asbestos Register should also be made available to the emergency services if they are ever required to attend the premises.
  
  
• There are further obligations to keep health records and carry out medical surveillance of employees exposed to asbestos.
  
  
• Failure to comply with The Control of Asbestos Regulations 2006 is an offence which can result in an enforcement notice and potentially a fine. Failure to comply with the notice can result a larger fine and potentially a conviction of up to 6 months in prison.

This is a summary of the main points of The Control of Asbestos Regulations 2006 and is not definitive list and is intended to provide guidance as to the obligations set down by the Regulations. If you would like further information, please contact:

Nicola Stewart
nstewart@rooksrider.co.uk
+44 (0)207 689 7000