Building tenure
Last updated:2.11 BUILDING TENURE
Hire/Leased-in Buildings
Where buildings are not owned or maintained by the Council, but their use is under the control of officers employed by the Authority, (e.g. office building, Group Home), the Director of Property & Assets will undertake the following:
- Obtain from the owner of the building the location and condition of known asbestos materials.
- Assess whether the management of asbestos risk complies with Council standards.
- Ensure that Service Areas whose employees are in control of such buildings are made aware of the management procedures in place and their part in that procedure, where applicable.
Service Areas in control of buildings which are hired/leased-in will be responsible for ensuring the Property Services Team is notified of any currently hired or leased buildings or any changes to the building portfolio.
Where the building owner has inadequate or no asbestos control procedures in place, or where the Council is responsible for the maintenance of the property, the Service Area will be responsible for appointing appropriate staff to the roles required under this policy to manage the controls imposed by the Council. Where the survey information is inadequate or missing, then the Director of Property & Assets will ensure adequate surveys take place. With this information Service Areas should ensure that:
- Officers in charge of hired/leased buildings are fully conversant with steps to be adopted to ensure that any activities carried out within the hire/lease building do not cause damage which brings about the release of asbestos fibres.
- Officers are conversant with the procedures to be followed in the event of an incident.
Where the landlord retains maintenance responsibilities for common/shared areas, the landlord retains responsibility for the management of asbestos in those areas.
Where shared use of a building occurs, the principal/major user will be responsible for the management of the Asbestos for that site, and for ensuring all other users are aware of and comply with this policy’s requirements.
Leased-out buildings
Where buildings are owned but not used or occupied by the Council, the body responsible for implementing this policy (the occupier) shall be identified by the terms of the lease/tenancy or similar agreement.
Agricultural Estate
In the case of the Agricultural Estate, the Council will, through its external Consultants and Managing Agents, implement this policy and the Control of Asbestos at Work Regulations 2012, by surveying all buildings, including those owned by the tenant, and producing a management plan for each farm or holding. This management plan will only apply to buildings owned by the Council.
Buildings Owned by Tenants
With regard to subsidiary buildings owned by the tenant, the results of the surveys will be forwarded to the tenant with a covering letter drawing the tenant’s attention to the aforementioned regulations and reminding the tenant of the obligations contained therein.
Investment Properties
The current Investment properties are all single let and compliance with this policy/legislation lies with the tenants as Duty Holders. For any future multi-let investment properties, the Council will implement this policy via its retained managing agents under the direct control of the Director of Property & Strategic Assets.