New Fire & Asbestos Regulations - The First Year

New Fire Regulations, relating to all commercial premises, were brought into force a year ago – are you compliant?

You need to be, if you are:

• Responsible for managing and/or maintaining business premises
• An employer or self-employed person with business premises
• Responsible for part of a mixed use building, where that part is solely used for business purposes
• A charity or voluntary organisation
• A contractor, with a degree of control over business premises

The government is continually looking at ways to aid safety in the workplace and to reduce risk of death; one way in which they looked to achieve this was by reviewing the legislation relating to death and injury caused by fire.

This resulted in the Regulatory Reform (Fire Safety) Order 2005, brought into force on 1st October 2006.

Some of the consequences are:

• An existing Fire Certificate may no longer be valid;

• Money may have to be spent on business premises, to ensure that they comply with current legislation.

• The Fire Brigade may still inspect business premises, especially those of high risk profile, but it need not necessarily do so (and will certainly not carry out risk assessments).

A copy of the Order may be downloaded from the internet – SI 2005, No.1541.


The Control of Asbestos Regulations 2006 came into force in November 2006, as an attempt to bring together previously separate sets of regulations.

The 2006 Regulations prohibit the importation, supply and use of all forms of asbestos, (including ‘second-hand’ asbestos, such as asbestos cement sheets, boards or tiles and painted or textured plaster, containing asbestos).

They do not, however, affect existing asbestos-containing materials, provided that they are in good condition, their condition is regularly monitored and they are not disturbed.

Where work is undertaken which may disturb existing asbestos, the Regulations stipulate that employers and self-employed alike must prevent exposure to fibres or, at the very least, ensure that best available protective measures are taken, including the provision of suitable training and protective clothing.

Information as to appropriate measures and methods of work to be undertaken is provided in the Regulations.

If asbestos is to be removed, it may only be removed by licensed contractors.

The Regulations impose upon a person in control of non-domestic premises, whether by ownership, contract, tenancy or otherwise a duty to manage. This means that the duty holder(s) must:

• Take reasonable steps to find out if there are materials containing asbestos - if so, where and in what condition are they?

• Presume that materials contain asbestos, unless there is strong evidence to the contrary.

• Make and maintain a record of asbestos and its condition and ensure that it is kept up to date.

• Prepare a schedule of risk and document a management plan.

• Put the plan into action as necessary.

• Provide full details of the location and condition of asbestos to anyone who is likely to come into contact with it or to disturb it.

• Ensure that risks are kept to a minimum.

Duty holders do not have to pay for a specialist survey, although they are encouraged to do so. When appointing specialists, a check should be made that they have appropriate qualifications and experience to carry out the relevant works (the HSE provides guidance in this respect).