The Control of Asbestos Regulations 2012 (CAR 2012) was introduced to minimise the risk of future exposure to asbestos fibres, and also to consolidate a raft of previous Acts and Regulations specific to asbestos issues.
The duty to manage asbestos is also a legal requirement under the Control of Asbestos Regulations 2012 (Regulation 4) which updated previous asbestos regulations.
Regulation 4 of the CAR 2012 reiterates and emphasises the legal responsibilities of ‘duty holders’ to manage asbestos in non-domestic properties.
A ‘dutyholder’ is defined as:
(a) every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access there to or egress therefrom; or
(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access to or egress there from, and where there is more than one such duty holder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.