Frequently Asked Questions

Why do we need an asbestos survey?

To protect any person, especially workmen, from accidentally exposing themselves and others to asbestos fibres and to comply with current legislation and avoid prosecution. See Asbestos Legislation page for more information.

How much will an asbestos survey cost?

That depends on the size and age of your building. We should be able to quote you over the phone if you have sufficient information. Alternatively we can arrange for a free site visit to provide you with a competitive asbestos survey quotation.
For more information please contact us on 01453 549060 or email us at info@asbestosuk.net.

Will I be able to understand the asbestos survey report?

Yes, all our reports are written with the building manager in mind. We use plain English and if there's anything in the report that you're not sure about just ask, we'll be happy to explain.

When do the new asbestos regulations come into effect?

They came into effect on 21 May 2004. The new asbestos legislation was launched in November 2002 but the Health and Safety Executive (HSE) gave an 18-month lead up time. This ran out in May 2004 and prosecutions may now take place.

Do the regulations apply to residential properties?

The Control of Asbestos at Work Regulations 2002 is principally aimed at commercial properties but also applies to residential properties where there are shared common internal or external areas such as lobbies and plant rooms.

Private residential properties are not covered by CAWR 2002, although there is still an implied duty on householders to prevent anyone entering their property being exposed to an asbestos risk. Asbestos is commonly identified during pre-purchase surveys and can scare off possible buyers if they do not know the nature and extent of the product identified. As a result we are carrying out an increasing number of asbestos surveys on residential properties.

Asbestos was widely used in residential properties until the end of the 1990's and is commonly found in such products as roofing, flooring, decorative finishes such as artex, bath panels, loft insulation, rainware, water tanks, boilers, flues, soffits, and fire surrounds to name but a few.

Why is the new Duty to Manage asbestos needed?

Much has been done to minimise the risk associated with asbestos. The use, supply and importation of asbestos and asbestos products are controlled by strict Regulations. Any work with, on or around asbestos is also closely controlled, with many types of work requiring a licence. However, these Regulations only protect workers from exposure to asbestos when the presence of asbestos is known. At least a quarter of those dying from asbestos-related diseases have worked in the maintenance and building trades.

It is for the protection of those people who may be unknowingly exposed to asbestos fibres during their day to day work, such as plumbers, electricians, cable layers, gas fitters, painters and decorators, that the Duty to Manage has been introduced. The Duty seeks to ensure that asbestos in premises will be located, recorded and managed. Then those who may disturb or come into contact with it are informed of its location so they can take suitable precautions.

Who is The Duty Holder?

All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises.

The duty holder may be the Business Owner, the Landlord or Tenant depending on the circumstances of the case. In some cases responsibility could be shared between two or more parties.

The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Similarly a tenant must co-operate by allowing a landlord to gain access to a building, for example, to carry out a survey. Also, a building surveyor or architect who has plans which show information on the whereabouts of asbestos would be expected to make these available to the duty holder at a reasonable cost.

Should I have achieved full compliance by 21 May 2004?

The HSE recognises that for many the implementation of the full range of responsibilities detailed within the duty to manage is going to take a considerable length of time and therefore it would be unrealistic to have expected full compliance by 21 May 2004; but they do expect to see evidence of having worked towards it.

Who needs to know where Asbestos is?

The legislation requires that you make information on the location and condition of the asbestos available to anyone liable to work on it or disturb it. Any employees involved in building maintenance work and any contractors working on the premises should know if the building contains or may contain asbestos. They should also be told where it is and that there are potential risks to their health if they disturb it.

Do I have to remove all asbestos?

NO
Asbestos is only a risk to health when it releases its fibres. So where the material is in good condition and in a location where it will not be disturbed it should be left in place and effectively managed.

However, as part of the governments urban regeneration scheme (under the Finance Act 2001), a 150% tax relief scheme has been introduced on land remediation which includes buildings. So now the costs of asbestos removal can be set against company profits as tax relief.

For example, if £50,000 is spent on removing asbestos, £75,000 can be deducted from the property owner’s taxable profits. It is also possible that part of our professional and survey fees and possibly, depending on the nature of the project, the reinstatement expenditure may also qualify.

Relief can be claimed on expenditure incurred from May 2001 but there are restrictions, including a requirement that those claiming relief were not the original polluters of the land. The claimant must also be a UK registered company.

Where can I find more information?

The Health & Safety Executive promote an Asbestos Awareness Campaign and further information is available on their website www.hse.gov.uk

What is asbestos?

Asbestos is the collective term used to describe a family of several types of naturally occurring mineral rock. The three main types of asbestos found in various products are:

• Crocidolite (Blue)
• Amosite (Brown)
• Chrysotile (White)

Properties of asbestos that make it so useful include:

• Good thermal insulator
• Stability at high temperatures
• Good electrical insulation
• High tensile strength
• Long flexible fibres
• Does not degrade over time

Therefore asbestos was widely used within buildings for insulation, fire protection etc. All types are dangerous but Crocidolite and Amosite asbestos are known to be more dangerous than Chrysotile, the different types cannot usually be identified by colour alone, where asbestos is affected by heat or chemicals or combined with other substances the colour and appearance change. Laboratory analysis is required to identify the different types of asbestos.