We know that asbestos can be commonly found in many buildings in the form of some early sprayed decorative coatings, thermo-plastic tiles, roofing materials, panelling, fire protection and/or insulating boarding and corrugated sheeting (commonly seen on garage roofs). Different types of asbestos pose different grades of health risk but in all cases asbestos does not pose a problem unless it is damaged, disturbed or removed and only when the fibres are inhaled. The removal and disposal of asbestos is therefore both disruptive and expensive – and poses the greatest risk.

It is likely that this new legislation will further raise the current fairly high awareness of the profile of asbestos in the public imagination and statistical evidence is likely to confirm over the years increasing numbers of annual deaths due to asbestos related illness as the population ages.

Whilst principally aimed at non-domestic commercial property and those that manage it the new legislation includes common parts of flats. It should be appreciated that most surveyors are not carrying out an asbestos inspection and while the onus is on a surveyor, even if only carrying out a valuation, to report such a problem, if there is no reason to suspect a problem then a presumption can be made in terms of the RICS Red Book – every surveyors bible – that no deleterious material has been used in its construction.

The RICS is working with the Asbestos Contractors Removal Association to launch the new “Asbestos Inspector” qualification. J & E Shepherd has recently set up Shepherd Asbestos Solutions, a company of qualified asbestos inspectors to carry out inspections and formulate management plans for dealing with asbestos materials found.

Under the new legislation there is the possibility of severe penalties if duty holders responsible for buildings do not assess risks and formulate management plans. Failure to do this may result in potential criminal actions with imprisonment of individuals for up to 2 years, unlimited fines for companies and up to £20,000 for individuals and closure of sites by Health and Safety Executive Inspectors.

For further information on the services that can be provided please see our Web Page on this site : Shepherd Asbestos Solutions

Ewen Sparks : e.sparks@shepherd.co.uk