244Identification and removal of asbestos before demolition or refurbishment

244 Identification and removal of asbestos before demolition or refurbishment

(1) A person who manages or controls a workplace or plant that forms part of a workplace must identify asbestos under that person's management or control that is likely to be disturbed by proposed demolition or refurbishment work and—

(a) if the proposed work is refurbishment work, ensure, so far as is reasonably practicable, that the asbestos is removed; or

(b) if the proposed work is demolition work, ensure, so far as is reasonably practicable, that the asbestos is removed before the demolition work is commenced.

(2) An employer at a workplace must identify asbestos under that employer's management or control, including asbestos-containing material that is fixed or installed in any plant under the management or control of the employer, that is likely to be disturbed by proposed demolition or refurbishment work and—

(a) if the proposed work is refurbishment work, ensure, so far as is reasonably practicable, that the asbestos is removed; or

(b) if the proposed work is demolition work, ensure, so far as is reasonably practicable, that the asbestos is removed before the demolition work is commenced.

(3) Subregulations (1)(b) and (2)(b) do not prevent the demolition of parts of a building, structure, ship or plant in order to gain access to the asbestos.

Part of a wall may be demolished to gain access to asbestos in a riser shaft.

(4) Subregulations (1) and (2) do not apply—

(a) to demolition work in an emergency; or

(b) to domestic premises.

See regulation 240(3) for meaning of emergency.

(5) An employer or self-employed person performing demolition or refurbishment work on domestic premises must identify asbestos under that person's management or control that is likely to be disturbed by the proposed demolition or refurbishment work and—

(a) if the proposed work is refurbishment work, ensure, so far as is reasonably practicable, that the asbestos is removed; or

(b) if the proposed work is demolition work ensure, so far as is reasonably practicable, that the asbestos is removed before the demolition work is commenced.

(6) Subregulation (5)(b) does not prevent the demolition of part of domestic premises in order to gain access to the asbestos.