A. If you own, manage, occupy or have responsibilities for the premises you have a legal obligation to have your premises surveyed for Asbestos under Regulation 4 of the Control of Asbestos at Work Regulations 2002.

The regulations became law in May 2004, since then it has been your duty to manage Asbestos in your premises. Not necessarily the landlord's but yours as the occupier. You're Insurance company may also insist that you have your premises surveyed for asbestos.

Remember The object of the legislation it to preserve human life. It is your duty to look after your staff, visitors and maintenance contractors. YOU are required to make them aware of any Asbestos in your premises, Asbestos can be very dangerous when disturbed, it needs to be identified and registered so you can make others aware.

A. Asbestos is a naturally occurring mineral with unique properties, enabling it to be used in thousands of products, ranging from floor tiles to pipe lagging. Asbestos fibres can withstand fierce heat, yet are soft and pliable so can be spun and woven.

A. Asbestos fibres can be both the promoter and initiator of cancer. Breathing in the fibres can result in asbestosis, lung cancer and mesothelioma. There is no exposure level beneath which asbestos is safe. In other words, a single fibre breathed in could lead to disease anything between 15 and 60 years from the time of exposure

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A. Thousand of tonnes of asbestos in its different forms were used in the building industry well before bans on its use were started in the 1970s. Some forms of asbestos were still used until 1999. An estimated 5 million commercial premises in England have Asbestos Containing Materials (ACMs) within them. The disturbance of these ACMs, during maintenance, refurbishment or demolition work can result in the dispersal of asbestos fibres.

A. Though the supply and use of asbestos has been strictly regulated for some time now, its location in many buildings is still unknown, with maintenance workers and contractors unwittingly disturbing the material and exposing themselves to asbestos fibres. The new duty will ensure its location in premises is known and recorded, to prevent workers from disturbing it and informing them of its location, so as to minimise the risks.

A. This depends upon the terms of the lease in a building, but it is essentially those who have a responsibility for repair and maintenance. In some cases it could equally be both the tenant and landlord, although the regulation also includes a duty to cooperate between parties in terms of sharing information and allowing access.

A. No, asbestos in good condition with its location known poses no risk to occupants. It is only a risk when it is damaged or in a poor condition, allowing fibres to be released. The new guidance puts the emphasis on leaving good condition material in place and correctly managing it. By removing asbestos material which is in good condition, you are creating further risks and going to unnecessary expense.

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A. Not necessarily. In many buildings where there is very little maintenance work, a presumptive survey would suffice. This would presume any unknown material contained asbestos and a record made of its condition and location. If any proposed maintenance work were to be carried out in this area, then further analysis of the material would then be carried out to confirm if this is indeed asbestos.

In other buildings a full survey may be needed, testing all unknown materials.

In essence the regulations call for a proportionate approach and it is a duty to manage, not to survey. A poor or inappropriate survey could prove worse than none at all.

A. Regulation 4 of the Control of Asbestos at Work Regulations (2002) states that the Duty Holder of a commercial premises must manage the ACMs within the premises. An asbestos register and plan for dealing with each ACM must be produced. ASA Asbestos Consultancy can produce these for you.