Asbestos — your responsibility in the Channel Islands

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The mere mention of asbestos can set alarm bells ringing for any person with an interest in property, whether that is as a landlord, tenant, managing agent or owner. This is because the presence of asbestos containing materials (ACMs) in a property can not only result in a risk to human health but also often has serious financial implications and legal obligations for those with an interest in the property where they are found.

This briefing is intended to highlight some of the key issues to consider when looking at your potential obligations and liabilities in relation to a Guernsey or Jersey property in which ACMs may be present. In Guernsey the management of ACMs, and so the activity at properties where there is a risk ACMs may be present, is regulated by the Approved Code of Practice on the Management of Exposure to Asbestos in Workplace Buildings and Structures, which has been implemented under the Health and Safety and Work (General) (Guernsey) Ordinance, 1987. The Code is intended to provide practical advice on how to meet the legal requirements set out in the Ordinance, which includes the adoption of an asbestos management plan and, as part of that, maintenance of an asbestos register recording any ACMs that may be on site, a risk assessment of the ACMs and details of appropriate measures to be taken in relation to the ACMs. Full asbestos surveys may be necessary for any repair, maintenance or demolition works involving areas still containing ACMs…

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