Dutyholders are required to identify the location and condition of asbestos in non-domestic premises and to manage the risk to prevent harm to anyone who works on the building or to building occupants.
The duty to manage is placed on the person or organisation that has the main responsibility for maintenance or repair of non-domestic premises and common parts of domestic premises.The dutyholder may be the owner or, where there is an explicit agreement, such as a tenancy agreement or contract, the dutyholder may be the occupier or the landlord, sub-lessor or managing agent.
The extent of the duty will in most cases, be determined by the degree of responsibility over matters concerning the fabric of the building and the maintenance activities carried out.
Dutyholders are required to ensure that reasonable steps are taken to find materials in premises likely to contain asbestos and assess their condition.
Materials are presumed to contain asbestos unless there is strong evidence that they do not.
A written record of the location and condition of asbestos and or presumed materials is made and the record is kept up to date.
An asbestos management plan is prepared and and put into effect to ensure any asbestos containing material are kept in a good state of repair and do not pose a risk to occupants of the premises.
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