Asbestos surveys

Added: 09:55 07.09.2007

We are a national retailer that leases shop units throughout the UK, with around 450 stores nationwide. When we acquire a new store, we refurbish it to our corporate identity. Usually we are only able to get a type 2 asbestos survey from the landlords. However, I feel that is not extensive enough so we have a type 3 survey carried out (and have any ACMs removed) at our expense before fitting out the store. Are we in fact legally obliged to carry out a type 3 asbestos survey before carrying out this work?

Anon | Post a reply | Report this question as unsuitable

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Re: Asbestos surveys

As the refurbishment will require alterations in some form to the structure then you have a legal requirement to carry out a type 3 survey. CDM 2007, CAWR 2006 and Demolition Code of Practice BS6187:2000 all state that a type 3 survey is required prior to demolition or alteration.

C&D | 15:20 14.05.2008| Report this answer as unsuitable

Re: Asbestos surveys

If you are leasing properties under the conditions of a full repair and maintenance lease, you are in charge of the building and of commissioning maintenance work. In this case, you have the duty of care owing to your requirement to modify the property.

You are therefore in charge of ensuring that asbestos risks are identified and mitigated and the duty to undertake type 3 pre-refurbishment surveys lies with you. The tenant is the duty holder in accordance with Regulation 4 of the CAWR Regulations 2002. Where the landlord has contractual obligations to perform maintenance, there may be a division in the duty to manage asbestos.

You should use the type 2 survey for asbestos materials retained within the buildings to manage asbestos materials throughout the lease and forward this to the owner on termination of the lease.

Anonymous | 09:56 07.09.2007| Report this answer as unsuitable