This note contains details of changes that have been made to the text of the CPSE with effect from 21 May 2004, to reflect the Control of Asbestos at Work Regulations 2002.
Anyone using CPSE.1, CPSE.2 or CPSE.4 or their respective guidance notes, should from now on use version 2.1 of the documents. Versions 1.0 and 2.0 are out of date, but will continue to be available for reference purposes.
Some of the documents in the CPSE suite of documents, and their respective guidance notes, have been amended to reflect the Control of Asbestos at Work Regulations 2002 (www.practicallaw.com/T5152) (CAWR 2002). The CPSEs affected have been redesignated as version 2.1 and are released for immediate use:
As further changes to the CPSEs are to be made shortly to reflect Stamp Duty Land Tax and landlord and tenant reform, the other documents in the CPSE suite of documents will remain as version 2.0.
Version 2.0 of CPSE.1, CPSE.2 and CPSE.4 is being retained for information purposes (see Commercial Property Standard Enquiries: Historic versions (www.practicallaw.com/T1613)).
Please note that CPSE.1 version 2.1, CPSE.2 version 2.1 and CPSE. 4 version 2.1 are new documents, and therefore anyone who has created links to the version 2.0 documents, will need to create new links to the version 2.1 documents.
The Conditions of Use in each of CPSE.1, CPSE.2 and CPSE.4, and their respective guidance notes, remain the same except that:
The Conditions refer to version 2.1 of the documents.
The copyright mark required includes the date, 2002 4.
Enquires 8.2 and 8.3 are replaced and the remainder of the Enquiry 8 enquiries are re-numbered.
The following are the new enquiries:
8.2 Has asbestos been used in the present structures forming part of the Property or of any premises of which the Property forms part, including Conduits, fixtures, plant and equipment?
8.3 Please supply a copy of the record of the most recent survey or assessment carried out in relation to the Property (whether by the Seller or by any other person) for the purposes of complying with regulation 4 of the Control of Asbestos at Work Regulations 2002, or advise us when and where it can be inspected.
8.4 Please supply a copy of the written plan and any other records prepared for managing asbestos in the Property or in any premises of which the Property forms part, or advise us when and where they can be inspected.
8.5 Has any substance (other than asbestos) known or suspected to be unsuitable for its purpose, unstable or hazardous, been used in the present structures forming part of the Property, including Conduits, fixtures, plant and equipment?
8.6 Has any asbestos, or any other substance known or suspected to be unsuitable for its purpose, unstable or hazardous, been removed from the Property in the past?
The guidance notes, GN/CPSE.1 version 2.1 (www.practicallaw.com/A40728) for Enquiry 8 have been amended to explain the new liability on the dutyholder under regulation 4 of CAWR 2002.
The following new enquiry has been added as Enquiry 10.12:
Please supply copies of any correspondence between the Seller and its tenants in relation to the Control of Asbestos at Work Regulations 2002, together with copies of any surveys or assessments carried out by the tenants in compliance with those regulations that have been supplied to the Seller.
The guidance notes, GN/CPSE.2 version 2.1 (www.practicallaw.com/A40729) for Enquiry 10 have been amended to add a note on the new Enquiry 10.12.
The following new enquiry has been added as Enquiry 5.9:
Please supply copies of any correspondence between the Seller and its landlord in relation to the Control of Asbestos at Work Regulations 2002, together with copies of any surveys or assessments carried out by the landlord in compliance with those regulations that have been supplied to the Seller.
The guidance notes, GN/CPSE.4 version 2.1 (www.practicallaw.com/A40732) for Enquiry 5 have been amended to add a note on the new Enquiry 5.9.
For further information on CAWR 2002, see the Practice note, Control of Asbestos at Work Regulations 2002 (www.practicallaw.com/A33560).