Flat-Living.co.uk ARMA
for the management and control of the asbestos.
There is not a duty to remove asbestos, indeed to do so in many
cases is far more dangerous than to leave it. What is important is that
if any contractors are working in the block near asbestos the landlord
or agent must inform them of the presence of the material.
ENFORCEMENT
You may argue that the risks in a block of flats are few and things do
not go wrong. However, the consequences if there is a fire, accident or
injury at a block can be serious. The body which enforces most health
and safety matters is the Health and Safety Executive. (Some matters
are enforced by local authorities and the fire service). The HSE can
issue improvement notices to require landlords to take action to reduce
risks e.g. install railings or handrails to prevent falls and prohibition
notices to cease an activity if there is a risk of serious injury. Failure
to action may result in prosecution. The Corporate Manslaughter Act
of 2007 has made quite clear that directors of resident management
companies can be prosecuted under criminal law for serious breaches
of Health & Safety law.
The Health & Safety Offences Act 2008 raised the maximum fine for
offences in lower courts from £5,000 to £20,000. It also increased
the number of offences for which an individual could be imprisoned.
Directors of resident management companies will always retain
responsibility for Health & Safety, whether they delegate to agents
or not.
There is a cost to blocks of flats in ensuring compliance with Health &
Safety regulations but there is a much higher cost if things go wrong
because of a failure to comply.
FURTHER INFORMATION
The regulations mentioned in this advisory note are:‐
• The Management of Health and Safety at Work 1999.
• The Work at Height Regulations 2005
• The Control of Asbestos at Work Regulations 2006.
• The Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 1995.
• The Control of Substances Hazardous to Health 2002.
• The Regulatory Reform (Fire Safety) Order 2005.
• The Electricity at Work Regulations 1989
• The Private Water Supplies Regulations1991
The best source of advice and leaflets is the website of the
Health and Safety Executive www.hse.gov.uk.
All Lessee Advisory Notes are available on www.flat-living.co.uk
and www.arma.org.uk
Association of Residential Managing Agents Limited
(ARMA), 178 Battersea Park Road, London SW11 4ND
T: 020 7978 2607 F: 020 7498 6153
E: info@arma.org.uk W: www.arma.org.uk
Please note - Whilst every effort has been made to ensure the accuracy of
the information contained in this Lessee Advisory Note, it must be emphasised
that because the Association has no control over the precise circumstances in
which it will be used, the Association, its officers, employees and members can
accept no liability arising out of its use, whether by members of the Association
or otherwise. The Lessee Advisory Note is of a general nature only and makes
no attempt to state or conform to legal requirements; compliance with these must
be the individual user’s own responsibility and therefore it may be appropriate to
seek independent advice.
C 2009 The Association of Residential Managing Agents Ltd.
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