Asbestos Safety Policy
4. Regulatory standards, legislation, and approved codes of practice
Regulatory Standards
We must ensure we comply with the Regulator of Social Housing's regulatory framework and consumer standards for social housing in England. The new consumer standards were introduced as part of the Social Housing Regulation Act which came into effect from 1 April 2024. All social landlords are required to comply with the Regulatory standards for landlords (opens new window) and the four consumer standards, which are:
The Safety and Quality Standard (opens new window)- which requires landlords to provide safe and good quality homes and landlord services to tenants. This includes stock quality; decency; health and safety; repairs, maintenance, and planned improvements; and adaptations.
The Transparency, Influence and Accountability Standard (opens new window) - which requires landlords to be open with tenants and treat them with fairness and respect so that tenants can access services, raise complaints when necessary, influence decision making and hold their landlord to account. This standard incorporates Tenant Satisfaction Measure (TSM) requirements.
The Neighbourhood and Community Standard (opens new window) - which requires landlords to engage with other relevant parties so that tenants can live in safe and well-maintained neighbourhoods and feel safe in their homes.
The Tenancy Standard (opens new window) - which sets requirements for the fair allocation and letting of homes and for how those tenancies are managed and ended by landlords.
The Social Housing Regulations Act 2023 (opens new window) - will change the way social housing is regulated and may result in future changes to this policy.
Legislation
The principal legislation applicable to this policy is:
The Control of Asbestos Regulations 2012 (CAR 2012) (opens new window)
The Health and Safety at Work, etc. Act 1974 (opens new window)
The Construction (Design and Management) Regulations 2015 (CDM) (opens new window)
The Management of Health and Safety Regulations 1999 (opens new window)
This policy also operates within the context of additional legislation (see Appendix 1).
Approved Code of Practice (ACoP)
The principal ACoP applicable to this policy is:
ACoP L143 - Managing and working with Asbestos (Second edition, 2013). (opens new window)
Guidance
The principal guidance documents applicable to this policy are:
HSG247 - Asbestos: The licensed contractors' guide (First edition, 2006) (opens new window)
- HSG264 - Asbestos: The survey guide (Second edition, 2012)
- INDG223 - Managing asbestos in buildings: a brief guide (Revision 5, April 2012)
HSG248 - Asbestos: The Analysts' Guide (Second edition, 2021) (opens new window)
Sanctions
The Council acknowledges and accepts its responsibilities in accordance with the regulatory standards, legislation and approved codes of practice, and that failure to discharge our responsibilities and obligations properly could lead to sanctions, including prosecution by the The Health and Safety at Work, etc. Act 1974 (opens new window); prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 (opens new window); prosecution under the The Control of Asbestos Regulations 2012 (CAR 2012) (opens new window); and via a regulatory notice from the Regulator of Social Housing.
Tenants and leaseholders
The Council will use the legal remedies available within the terms of the tenancy and lease agreement should any tenant, leaseholder or shared owner refuse access to carry out essential asbestos related inspection and remediation work.