Recently, at Birmingham Magistrates’ Court, a building contractor and the landlord of a rented property have been sentenced following the demolition of a conservatory in an unsatisfactory fashion which resulted in a large quantity of asbestos fibres escaping.

Nazaqat Maqsoom of Kangs Solicitors outlines the circumstances.

The Investigation | Kangs Health and Safety Offences Defence Solicitors

Following an investigation, the Health and Safety Executive (‘HSE’) concluded that: 

  • the landlord should have had an asbestos survey conducted prior to the work commencing,
  • the building contractor should not have started the work without such a survey being available,
  • the failure of the building contractor to take appropriate precautions resulted in the escape of the asbestos fibres.

The Hearing | Kangs Health and Safety Offences Advisory Solicitors

  • The landlord pleaded guilty to breaching Regulation 4 of the Construction(Design and Management)Regulations 2015 and was fined £1,200 and ordered to pay costs of £607.21
  • The Contractor pleaded guilty to breaching Regulations 5 and 16 of the Control of Asbestos Regulations 2012 and was sentenced to 150 hours unpaid work and ordered to pay costs of £596.61.

After the hearing, HSE Inspector Gareth Langston is quoted as saying:

“Asbestos surveys need to be carried out prior to any construction work which disturbs the fabric of a structure.”

How Can We Help? | Kangs Health and Safety Solicitors

Kangs Solicitors has a wealth of knowledge and experience in dealing with all matters of Health and Safety law which covers a vast and very complex area of law.

Our specialist solicitors provide advice and assistance throughout the entire criminal process, from the initial intervention by the Health and Safety Executive through to enforcement, interview under caution and ultimately criminal prosecution.

Who Can I Contact For Help? | Kangs Criminal Defence Solicitors

Please feel free to contact our team through any of the lawyers named below who will be happy to provide you with some initial advice and assistance.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Amandeep Murria
amurria@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888