RICS Draft Guidance Note: Asbestos - legal requirements and best practice for property professionals and clients (4th edition)

RICS Asbestos 4th edition consultation draft

Appendix B: Duty to manage

Identifying the dutyholder

The following table explains how to identify the dutyholder in different situations (source: HSE L143).

Responsibility for premises

Who has the duty to manage under Regulation 4 of The Control of Asbestos Regulations 2012

The owner has sole responsibility for the premises, or has sole responsibility for the common parts of multi-occupied buildings.

The owner.

Under a tenancy agreement or contract, tenants (including employers or occupiers) are responsible for alterations, repairs and maintenance.

The tenant, or tenants in multi-occupancy premises.

Under a tenancy agreement or contract, the owner keeps responsibility for maintenance and repairs, and the owner has control of building access by maintenance workers.

The owner.

Under a tenancy agreement or contract, responsibility is shared between several people, e.g. owners, sub-lessors, occupiers and employers.

Each party, for those parts of the premises for which they have maintenance responsibilities.

Note that employers occupying the premises also have a general duty of cooperation to comply with the requirements of any health and safety regulations under Regulation 11 of The Management of Health and Safety at Work Regulations 1999.

An owner/leaseholder uses a managing agent.

The owner.

The managing agent acts on behalf of the owner but does not assume the owner's duties in law. The ultimate responsibility remains with the owner.

There is no tenancy agreement or contract.

The person in control of the premises.

The premises are unoccupied.

The person in control of the premises.

How the duty to manage applies to different premises

The following table explains how the duty to manage applies to different premises (source: HSE L143).

Type of residence

Type of occupation

Rooms or parts

Duty to manage applies?

Private house: single dwelling, including bedsits

Owner occupier

All

No

 

Let to a single family

All

No

 

Occupied by more than one family

Private rooms, e.g. bedroom, living room

No

   

Shared rooms, e.g. kitchen, bathroom, WC

No

 

Rooms let to lodgers

Common parts for access and circulation, e.g. entrance hall, staircase

No

   

Private rooms

No

House converted into flats

Occupied by more than one family

Private rooms

No

   

Common parts for access and circulation, e.g. entrance hall, staircase, roof space

Yes

Garages, parking spaces

Integral to or linked with residence

Private

No

 

Not allocated to any specific person

Common parts for access and circulation

Yes

Block of flats

Occupied by more than one family

Individual flats

No

   

Common parts, e.g. foyer, lift, stairs, lobby, boiler and plant room, roof space, communal yard, garden, storerooms, bike shelter, external outbuilding

Yes

Flats over a shop or office, with or without a separate entrance

Occupied by the shop or office owner

Private rooms

No

 

Leased separately

Private rooms

No

   

Access and circulation areas

Yes

Sheltered accommodation

 

Private rooms

No

   

Common rooms, e.g. dining room and lounge

No

   

Work areas, e.g. kitchen, staff rooms, laundry

Yes

   

Common parts, e.g. foyer, lift, stairs circulation areas, boiler room, storerooms, roof space, external outbuilding

Yes

Hotels, pubs, guest houses, halls of residence, hostels (private and local authority), care homes

Includes bed and breakfast if that is the main purpose

Private rooms occupied by the owner

No

   

Guest accommodation and common parts (e.g. foyer, lift, stairs, circulation areas), storerooms, roof space, outbuildings

Yes

Tied cottages, accommodation

Leased or rent-free

All

No

Farm

Leased or rent-free

Farmhouse

No

   

Farm buildings

Yes

For plant, machinery, etc. refer to L143 Regulation 4.