We are probably all aware of the need for fire risk assessments, but asbestos surveys may come as a surprise. When and why are they needed?

It may well be that the first time the subject comes up is in question from a prospective buyer’s solicitors when one of your leaseholders is selling. As a management company, you will be asked to provide a management pack by the purchaser’s conveyancer – and one of the questions it will ask is about asbestos.  There’s no legal obligation to provide it, but you can charge a reasonable fee for doing so. In a well-managed block, all the information needed should be on hand and completion should not be too onerous.

Management Packs

What’s in a typical Management Pack? Typically, conveyancers will ask for:

  • The Law Society’s standard LPE1 Form (Leasehold Property Enquiries Form), duly completed This asks for information about the management of the property
  • Details of any proposed future maintenance works
  • Accounting information
  • Details of buildings insurance if arranged by the Landlord
  • An up-to-date Fire Risk Assessment & asbestos report if there are any indoor shared communal areas

Asbestos checks

In a similar way to fire safety, there is a legal duty on the person responsible for managing the maintenance and repair of common areas in buildings containing flats to “manage” asbestos.

The requirement is in the Control of Asbestos Regulations 2012, and in blocks of flats, it applies only to common areas of buildings such as foyers, corridors, staircases, and lifts.

The duty is to ascertain whether the premises contain asbestos, and if so where it is and what condition it is in, to assess the risk and to plan to manage the risk and act on it.

The individual is ultimately responsible for property maintenance is the duty holder by law. That means the landlord is legally required to ensure an asbestos survey is done, and an asbestos management plan drawn up and acted upon if necessary.

Does my building have asbestos?

According to the HSE website, any building prior to 2000 could contain asbestos-containing materials (ACMs), which were extensively used between the 1950s and 1980s. Ideally, a survey will reveal that you have no asbestos present or, if you do, that it is intact, and poses very little risk if undisturbed. Usually, the best thing is to leave ACMs alone if in good condition and schedule annual reinspection’s.

However, if ACMs are damaged, fibres may be released, and immediate action may be required.

Who pays for the survey?

Recovering the cost of the survey and necessary work resulting from this is based on similar principles as for fire safety. The lease may specifically allow for recovery as a service charge, or the freeholder may be able to bring the cost within a “sweeping up clause”.

From the leaseholders’ point of view, having these checks done should mean that any future sale of their flat will go through more smoothly.

When to survey for asbestos

An asbestos survey is needed in blocks built before 2000 where there has never been one done before and/or before demolition and renovation work. Where a survey has already shown the presence of ACMs, routine periodic checks should be undertaken, as well after severe storms of flooding that might disturb potentially hazardous materials. Make sure residents are aware of the risks and cautioned about undertaking DIY work.

Find out more about asbestos here.

People may encounter asbestos from existing asbestos-containing materials in buildings and products. If they are intact, they pose very little risk. However, if asbestos-containing products are damaged in some way, fibres may be released. Caution should be taken when doing DIY work in buildings containing asbestos. Find further advice on asbestos in the home.

An asbestos survey is a vital step in safeguarding health and ensuring safety in various situations. Whether you are planning construction work, acquiring a new property, managing an existing one, or responding to regulatory requirements, knowing when to conduct an asbestos survey can prevent serious health risks and legal complications. By proactively addressing asbestos concerns, you protect not only the people who use your buildings but also your investment and reputation.

Where might you find asbestos?

Asbestos is particularly common in the 1960s and 1970s system-built housing and is found in materials such as ducts, soil and flue pipes, infill panels, floor and ceiling tiles, roofing, wall lining, bath panels, and partitions.  It is a fibrous material with natural heat resistance and durability.

It is relatively unlikely to be found in buildings constructed after 1982, but there’s no absolute guarantee. Its use was finally banned in 1999.

Commonly used in building construction up until August 1999, asbestos is a natural, fibrous material. It was widely used due to its heat-resistant and durable qualities.

Is asbestos still a killer?

The HSE has estimated that there are still nearly 5,000 asbestos-related deaths per year. To put that in context compare it with 1645 road deaths in 2023.

While this figure will eventually decrease as the generations affected by workplace exposure naturally decrease in numbers, and in line with the 15–45-year time lag between exposure and onset of the disease. Nevertheless, it is a brutal reminder of the risks and the importance of identifying the presence of asbestos and then managing it properly.

Disclaimer:

The opinions and views expressed in the above articles are those of the author only and are for guidance purposes only. The authors disclaim any liability for reliance upon those opinions and would encourage readers to rely upon more than one source before making a decision based on the information

The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.

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