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Islington & Shoreditch Housing Association (ISHA)
102 Blackstock Road
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0300 131 7300

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Asbestos

Housing Associations

Housing Associations have a duty of care towards their tenants and others in respect of the presence of asbestos in dwellings. The CAR2012 Asbestos regulations, whilst not applicable to residential properties, place a specific duty to manage asbestos in common areas. The Defective Premises Act 1972, whilst not specifically mentioning asbestos, requires landlords to take reasonable care to see that tenants and visitors are safe from personal injury or disease caused by a defect in the state of the premises. The Health & Safety at Work Act also places a duty on Housing Associations to ensure that their staff are not exposed to asbestos during their work and have access to suitable training and information on the presence of any asbestos they may encounter.

Homeowners

The current regulations do not place any legal obligations on domestic home owners with regard to how asbestos containing materials (ACM’s) are handled on your own property. This is true for the owner of the property, anyone living at the property or a friend of a resident acting on their behalf, without reward. The majority of ACM’s in domestic premises do not pose a measurable risk to health but it is worth finding out what you have and how best to maintain it in good condition. For the majority of materials, following common sense guidance protocols to maintain them in good condition will ensure that you do not expose yourself or your family to any health risks or face potential complications when selling your property. 

If you hire any person to undertake work on ACM’s you should make them aware of any known asbestos and ensure that they are suitably trained, licensed & insured to work with the type of asbestos that you have. Only insulating materials of a ‘low density’ and therefore ‘friable’ nature require a specialist ‘HSE licensed’ contractor and 14 days notification to the HSE prior to removal but fortunately these materials are quite rare and only make up approx 10% of all asbestos materials found throughout the UK.

For further information please refer to the Housing Executive website

https://www.nihe.gov.uk/index/advice/advice_for_housing_executive_tenants/advice_safety/asbestos.htm

 

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