Do commercial property sales require an asbestos report?

If you own, occupy, or have a repair obligation for commercial property (non-domestic premises), the Control of Asbestos Regulations 2012 imposes a statutory obligation on you to ensure that the property in question has been properly surveyed with asbestos reports for the presence of asbestos.

Failure to comply is classed as a criminal offence that is punishable by an unlimited fine or imprisonment. The main focus point of the regulations is to impose a duty to manage asbestos risk in commercial premises.

Who is the Duty Holder?

The obligation is imposed on the duty holder, which is the person who has control of non-domestic properties, a means of access or obligations to maintenance or repair.

In some instances, there may be more than one duty holder, with primary responsibility being with an occupying tenant and the owner remaining liable. The relative contributions are usually determined by the nature and extent of maintenance and repair obligations.

Functions of managing asbestos

When managing asbestos within a commercial property, the duty to manage is broken down into 3 functions.

The first is a duty to assess whether any asbestos is present within the premises and record the conclusions of the assessment, followed by the duty to determine the risk from the identified asbestos and compose a written plan of action for management of it – such as if it needs to be monitored or removed.

The third is ensuring that all people who carry out any work to the property are provided with up to date information concerning the asbestos location and condition, as well as any steps needed to be taken to safely work in the premises.

Sale of property

On the sale of a commercial property or grant of lease, the property owner or occupier should produce an asbestos report and highlight any details of work undertaken following the report or any asbestos removal Cheshire.

In instances where a property was built after the year 2000, no asbestos should have been used in its construction and will require no report supplied. Whilst there is no legal obligation for a seller/landlord to provide asbestos reports, the purchaser/tenant will become the duty holder on completion and will hold the obligation as an employer towards employees and others working within the property to ensure they are safeguarded from associated health risks from asbestos-containing materials.

If you are planning on selling or letting a commercial property, it is advisable that you have an up to date asbestos report and asbestos management plan or have one commissioned by asbestos removal services as soon as possible.

Contact the team at Grosvenor Asbestos Solutions today for asbestos testing, asbestos removal South Manchester or asbestos surveying.

What our clients have to say…

“Jim provided a fantastic service. Friendly, quick, non-disruptive work. Good turnaround on receiving the sample report too”

“Asbestos survey – Jim did a very thorough job. Kept us updated right through the visit with an initial view, and then supplied an in depth report after. Very pleasant person to deal with. Overall, very pleased with the service.”

“Really friendly professional service with very quick response time. The work was carried out to a high standard, at a very good price, within two days of enquiry. I would definitely recommend this company.”

“Jordan and Jim did an excellent job of demolishing our garage, including the safe removal of the asbestos roof. Their work was tidy and controlled, with no impact on any surrounding hedges, plants, etc.

All in all they ticked every box.”

“Jim and his team were very professional, courteous and helpful throughout the whole process. They worked very hard to meet our tight timelines and did a great job. I would highly recommend Grosvenor Asbestos to anyone requiring asbestos services.”

“Had a survey done. All work and results back before a new week. Very prompt, efficient and quick service. Absolutely recommend this company.”

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