What regulations affect me? – A reminder
10 March 2009
What regulations affect me? – A reminder
There are a number of regulations affecting all commercial properties, including agricultural buildings. Failure to comply with some of these regulations can be a criminal offence and it is important, therefore, that you are aware of the regulations. The following is a brief reminder:-
Asbestos
- The Control of Asbestos Regulations 2006 imposes a duty to investigate whether asbestos is present, to monitor its condition, put control measures in place and notify anyone who may be at risk.
- This duty will either be on the landowner or, if the buildings are leased, on the tenant.
- The requirement is to carry out a risk assessment and record it in writing.
- Health & Safety Executive Inspectors can inspect premises and ask to see the assessment. If you cannot produce an assessment, the breach of the regulations is dealt with as a criminal matter.
- Conviction could lead to a substantial fine and even imprisonment for a period of up to 2 years.
Fire
- Fire Regulations have changed and are currently covered by the Regulatory Reform (Fire Safety) Order 2005.
- Fire certificates that used to be issued by the local fire officer are no longer valid.
- The new requirement is for a risk assessment to be carried out, the emphasis being on preventing fires and reducing risk, and making it your responsibility to ensure the safety of everyone using the premises and in the immediate vicinity.
- The person responsible for the risk assessment is either the owner or the tenant, although if you do not feel happy to carry out the risk assessment you can appoint a “competent” person to assist you.
- Failure to comply will be enforced and can include a prohibition notice restricting use of the premises until matters have been remedied; thus causing considerable disruption to any business carried on at the premises.
Building Regulations/Planning
- In carrying out any building work, it is important to ensure that, where appropriate, planning consent is sought and that building regulations are complied with.
- Failure to obtain planning permission where it is required may mean that the local planning authority asks you to apply for permission retrospectively, but they could go so far as requiring you to demolish all or part of the building.
- Likewise carrying out building works without having them inspected by the local authority to ensure they comply with building regulations is a breach.
- The enforcement powers for breach of building regulations can require you to alter or remove the works, or the local authority can take you to the magistrates’ court where you can be fined up to £5,000 for the contravention and up to £50 per day if the contravention continues.
As you can see from the potential penalties for failure to comply with these regulations, it is very important that you are aware of them and are compliant. If you need any more information on any of the regulations then please do not hesitate to contact us.
Sue Hart, Partner & Head of Property Services, was assisted on this article by colleague Lucy Puttick, Conveyancing Executive. To contact Sue or Lucy, please call 01622 690691 or e-mail suehart@brachers.co.uk or lucyputtick@brachers.co.uk.
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