The mere thought of asbestos detection and management can cause the heart to skip a beat.
Almost three years after the coming into force of regulation 4 of the Control of Asbestos at Work Regulations 2002, and six months after their update by the Control of Asbestos Regulations 2006, this is still a topic that some would rather not worry about.
On the other hand, many will be very familiar with the relevant provisions.
The question below was intended to prompt discussion by RICS members, whether or not they are familiar with the provisions.
Imagine the following scenario
You are asked by the freeholder of a four storey Edwardian residential property to carry out a valuation of the premises.
The property is divided into three flats, occupied by separate families under separate tenancy agreements.
Whilst inspecting the property, you discover in a storage cupboard in the entrance lobby, material that you suspect may contain asbestos.
Would you be able to answer the following questions:
- What are your obligations?
- What are the freeholder’s obligations?
- What steps should you take and/or what advice should you give to the freeholder?
- What duties do you owe to your employees?
- To what extent will your professional indemnity and/or employer’s or public liability insurance policies cover you for any asbestos-related injury?
The answer from RPC is now available.
RICS invited Members to debate this answer on RICS Discussion Forums and RPC followed this up with a supplemental answer, based upon Members' proposed solutions.
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