Who is the Duty Holder:

All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of thetenancy agreement or contract that applies. In the absence of any such agreement the Duty Holder will be determined by the degree on control the party has over the premises. Depending on the contract or tenancy the Duty Holder could be the landlord or tenant or even a facilities manager. In some cases two or more parties could share the duty. The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Similarly a tenant must cooperate by allowing a landlord to gain access to a building, for example to carry out a survey. Also any building surveyor or architect who have plans which show information on the whereabouts of asbestos would be expected to make these available to the Duty Holder at a reasonable cost. For more detailed information regarding the asbestos regulations and your duty to manage visit www.hse.gov.uk/asbestos


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