Can the municipality require me to hire a company to demolish asbestos?

[TheGame]

Yes, but the basic problem still remains that the municipality should not be able to demand that you hire a company. Then your suggestion also entails additional costs since fiber cement boards are not free either, so I would rather try to get the municipality to realize that they are wrong

No, they cannot force you to hire a company.

 

[MetteKson]

I know that my municipality has recommended a certified company for handling asbestos, but has required a certificate/receipt from the landfill to show that the material has been disposed of correctly.

 

[Claes Sörmland]

Yes, but the fundamental issue remains that the municipality should not be able to mandate hiring a firm. Additionally, your suggestion involves extra costs since fiber cement boards aren't free either, so I'd rather try to get the municipality to realize they're wrong

I'm not sure they're wrong legally. The municipality is set to oversee you so that you don't do anything reckless. They have substantial freedom in this regulatory duty.

Your job is to submit a proposal for a control plan, but it is the municipality that decides to give you the starting approval based on this control plan. According to Boverket, the control plan for demolition measures must indicate:





If it is the municipality's opinion that specially certified personnel are required to handle the asbestos cement, they can refuse you a starting approval if this is not included in the control plan.

Read here:
https://www.boverket.se/sv/PBL-kuns...errar-entreprenorer/kontrollplanens-innehall/

And here:
https://www.boverket.se/sv/PBL-kunskapsbanken/lov--byggande/byggprocessen/startbesked/

 

[Claes Sörmland]

I know that my municipality recommended a certified company when handling asbestos, but required a certificate/receipt from the landfill to show that the material has been disposed of correctly.

Sounds like a reasonable municipality. Maybe TS can try this in their proposal for the control plan and see what happens at the technical consultation with this setup. The question is whether TS wants to expose themselves to the uncertainty of finding out just how far the municipality is willing to go on this issue.

 

[Takläggare]

I'm not entirely sure they're legally wrong. The municipality is set to monitor you so that you don't do anything stupid. They have a lot of freedom in this exercise of authority.

Your job is to submit a proposal for a control plan, but it is the municipality that decides to give you a starting permit based on this control plan. According to Boverket, the control plan for demolition measures must specify:


[image]


If the municipality believes that specially certified personnel is required to handle asbestos, they can deny you a starting permit if this is not included in the control plan.

Read here:
[link]

And here:
[link]

What he needs is one similar to this text, what he as a builder should do with his asbestos tiles. I believe this is the only thing the municipality is asking for, this is how it works in Umeå.

Asbestos from private individuals

Dåva DAC's service offering is directed towards corporate customers. However, there is an exception, and that is the reception of asbestos-classified demolition waste. As a private individual, it is possible to deposit, for example, roof tiles or facade panels in Eternit at Dåva DAC in Dåva Business Park.


1. Declaration must be submitted and approved in advance

Before the waste can be transported here, a waste declaration must be submitted and approved. The waste declaration can be obtained digitally here and on the form, it states where it should be sent. Dåva DAC responds with the customer information needed for the waste to be deposited. Note that processing can take up to three days. No delivery without approved declaration.

As a private individual, you are not subject to the regulations regarding the professional handling and transport of asbestos waste. However, we recommend that protective equipment in the form of full clothing and gloves, as well as, if necessary, a respirator with a particle filter, be used during handling.

2. Package correctly

 

[bullemedbulle]

So it has been resolved. A conversation with the building inspector was all that was needed where I went through the safety procedure and showed that I had control over handling the eterniten. Then they had nothing to say about it, so now it's just full speed ahead! Thanks for all the tips and discussions!

 

[Takläggare]

So it's resolved. A call with the building inspector was all that was needed where I went through the safety procedure and showed that I had a handle on the management of the asbestos. Then they had nothing to say against it, so now it's all systems go! Thanks for all the advice and reasoning!

So in other words, you got the help you needed via byggahus.se? and then everything was approved for you to demolish yourself?

 

[bullemedbulle]

So, in other words, you got the help you needed via byggahus.se? and then everything was approved for tearing down yourself?

Yes! What would one be without this forum

 

[Alexn72]

A small note is that it is good to hand in the eternit and get a receipt for it to be able to show that it was done correctly...

 

[Stego1]

I'm in the middle of a building permit process where the demolition of a few asbestos cement boards is needed, not a total facade replacement but just a smaller part of the facade. After submitting the demolition plan where I stated that as the property owner I would demolish and handle the asbestos, I received a response that the municipality wants me to hire a certified company for this.

Is there really legal support for the municipality to require this? As long as I'm the property owner and don't get help from friends, it should be unproblematic to do it myself?

It's best if you use a proper respirator like the Sandström type with a particle filter and protective goggles. Asbestos cement shouldn't be particularly dangerous as long as it doesn't break, which admittedly can be difficult to avoid during demolition.

 

[Staffans2000]

A small comment is that it's good to hand in the eternit and get a receipt for it to be able to show that it was indeed done properly...

What! Why? What could happen without this receipt?

Staffans

 

[Staffans2000]

It's successful if you use a real breathing mask like Sandströms with a particle filter and safety goggles. Eternit should not be particularly dangerous as long as it doesn't break, which can admittedly be difficult to avoid during demolition.

But if you're outside and don't shove your nose right into the breakage, a crowbar works just fine.

Staffans

 

[Stego1]

I have built a few houses on my own, what can be said about the municipality and a building officer is that they really don't know everything, I often have to correct the municipality, sometimes via laws and paragraphs, but they always correct themselves after they've been proven wrong, sometimes it may be a young guy or girl who is an officer, they're barely wet behind the ears, and very inexperienced, then you have to step in and explain how it works, the easiest is usually to ask why they can't do their job, then it takes off.

Often newly graduated civil engineers without practical experience. But now a certain social democrat, Leif Pagrotsky, considered that one didn't need practical experience to go to university. That may be true if you want to become a politician, but otherwise one should have practical experience before university studies. It's the reality you should operate in. The theory has arisen from practice and not the other way around. But university studies have low quality in Sweden these days.

 

[Stego1]

But if you're outside and not pressing your snoken into the crime scene, a crowbar works just fine.

Staffans

That's true, but I would probably use a mask anyway.

 

[Staffans2000]

That's true, but I would probably use a mask anyway.

It's a free choice. You do what feels best.

Staffans