10 July 2015
I am acting for the lessee. We have requested a copy of the Asbestos Register and Management Plan from the lessor's solicitors. They have advised us that they are of the opinion that it is the lessee's responsibility to organise same as we (the lessee) meet the definition of a person with management or control of a workplace in accordance with the relevant sections of the Work Health and Safety Regulations 2011.
My understanding is that it is the lessor's responsibility to provide the lessee with an asbestos register and inspection report confirming that all asbestos contained in the property is safe!
The lessor's solicitors have asked us to provide them with the section of the relevant legislation or regulation that supports our inference that a commercial building owner must provide an asbestos report for the property. Can you help?
In the past, responsibility for asbestos management largely fell upon the owners of buildings. That position changed under the federal model work health and safety legislation.
The model legislation imposes obligations on lessees of a building concerning the detection and management of asbestos containing materials in their leased premises. The obligations relate to buildings constructed before 31 December 2003.
There is nothing in the regulations that requires a landlord to supply an asbestos register. In addition, any register a landlord was required to keep under the previous legislation is now the lessee's responsibility to maintain.
Work Health and Safety Regulations 2011 Part 8.3 Management of asbestos and associated risks
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