Regulations Regarding Asbestos Removal From Residential Buildings

Cloth_of_Gold

I hope that this is the correct part of the forum to ask this question but can anyone tell me please where I can find the regulations relating to the identification and removal of asbestos from a residential building when works are carried out to the building. I'm interested in anything relating to apartment blocks, not single houses, and asbestos that might be present on/in the exterior of the building, i.e. walls or roof, not in the apartments themselves.

Thanks in advance.

Section62

https://forums.moneysavingexpert.com/discussion/6680932/regulations-regarding-asbestos-removal-from-residential-buildings

The starting point would be The Control of Asbestos Regulations 2012 -

https://www.legislation.gov.uk/uksi/2012/632/contents

The HSE website has lots of guidance on roles and responsibilities, for example the Duty to Manage -

https://www.hse.gov.uk/asbestos/duty/

Cloth_of_Gold

Thank you. And if one wanted to report any failures to follow the regulations would it be to the HSE?

Section62

https://forums.moneysavingexpert.com/discussion/comment/82114604#Comment_82114604

Yes, although in some situations the local authority might be involved.

If you report something to HSE they will consider whether it needs to be investigated, and do any investigation required. They won't necessarily give you any feedback on the outcome.

Contacting them by phone might be the best way as they may advise you it isn't an issue they can deal with and who to contact instead.

Cloth_of_Gold

https://forums.moneysavingexpert.com/discussion/comment/82114628#Comment_82114628

Thank you - very helpful.

Bigphil1474

If it's construction work, it will be the HSE you need to speak to. If it's works on an apartment block it will be HSE. If it's owned by the local authority, I'd speak to them first, otherwise it's nothing to do with councils. Either way, expect to not get much out of the HSE. You have to report via their online system at www.hse.gov.uk

Those Asbestos Regulations relate to the duty to manage asbestos in non-domestic premises. I don't know for sure but I would argue that the common parts of an apartment block are non-domestic premises if they are managed by a company rather than the tenants themselves. If its a converted house, it may be different.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82114998#Comment_82114998

You have to report via their online system at www.hse.gov.uk

They also publish a phone number.

Those Asbestos Regulations relate to the duty to manage asbestos in non-domestic premises. I don't know for sure but I would argue that the common parts of an apartment block are non-domestic premises if they are managed by a company rather than the tenants themselves. If its a converted house, it may be different.

From the HSE link I gave -

The duty to manage asbestos in buildings covers:

• all non-domestic premises, like factories or shops
• ‘common parts’ of multi-occupancy domestic premises, like purpose-built flats

otherwise it's nothing to do with councils

If it isn't an HSE issue then it may be a local authority one (environmental health). Depending on the precise nature of the issue. For example if failure to manage is allowing asbestos fibres to contaminate land, or putting neighbours at risk of exposure to asbestos fibres.

Bigphil1474

IME the phone number is as much use as a dial up modem these days. The rest is pretty much as I said. EH won't be interested in workers removing asbestos from the common parts of a domestic premises, they'll just refer them onto HSE. Their H&S enforcement team won't deal with it - H&S enforcement is split between LA's and HSE and it's always one or the other, never both.

Cloth_of_Gold

It's the roof of a purpose built block; the common areas, including the roof, are not managed by the leaseholders but by a MA who entered into a contract with a building firm to carry out the work.