An estimated 3,000 people die each year from asbestos-related diseases such as lung cancer and mesothelioma. Those most at risk are workers connected with the asbestos industry and those involved in building, renovation and maintenance works. It is believed that, nationwide, around 500,000 commercial and public buildings contain some form of asbestos.
From 21 May 2004, commercial property owners, landlords, managing agents, tenants and licensees, among others, will be required to implement procedures for managing the risk of asbestos. Penalties for non-compliance with the Control of Asbestos at Work Regulations 2002 could be severe.
Regulation 4 of the regulations imposes potentially extensive and costly obligations on all dutyholders. Where a building has more than one duty holder, liability will be apportioned according to the extent of their obligations to maintain and repair the premises. Lease provisions relating to individual maintenance and repair will become an increasingly important consideration for landlords and tenants. In addition, service charge provisions will be relevant in determining whether a landlord is able to recover from the tenant costs expended before or after 21 May in implementing the regulations.
The Health and Safety Commission has estimated that compliance costs will be in the region of £1.5bn, with an average cost per site of £4,000. The only good news is that tax relief may be available for those UK-registered companies that incur expenditure on the removal or treatment of asbestos in buildings.
Any duty holders falling foul of the regulations could face civil and criminal liability, with the possibility of heavy fines and even imprisonment. Owners and occupiers of commercial and public buildings should therefore plan ahead in order to have a compliance strategy in place by 21 May.
Muna Sheriff, of DLA
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