Required by law to manage asbestos? Here's what you need.
Building owners and managers have a legal duty to identify and manage asbestos in their properties. This obligation applies whether you own a single building or manage a portfolio of hundreds.
Compliance typically requires: an asbestos register documenting all known or presumed asbestos-containing materials, a management plan detailing how they will be maintained or removed, regular condition monitoring, and clear information for anyone who might disturb these materials during maintenance or repair work.
Non-compliance can result in significant fines, criminal prosecution, and personal liability for directors and managers. Regulatory inspections are increasing, and insurance claims may be denied if asbestos management is inadequate.
The Problem
Commercial property owners and managers must maintain an up-to-date asbestos register and management plan for all buildings constructed before 2000. This is a continuous obligation, not a one-time exercise, registers must be updated whenever new information becomes available or when building works are undertaken.
Regulatory inspections of commercial premises are increasing. Failure to produce an asbestos register on request can result in immediate enforcement action, prohibition notices that halt business operations, and significant financial penalties.
What You Need
Frequently Asked Questions
Who do control of asbestos regulations apply to?
CAR 2012 applies to all employers, the self-employed, and duty holders responsible for non-domestic premises. This includes building owners, landlords, managing agents, and anyone who may commission or carry out work that could disturb asbestos.
What is the permissible limit for asbestos?
The UK workplace exposure limit (WEL) for all types of asbestos is 0.1 fibres per cubic centimetre of air, measured as a 4-hour time-weighted average. This is a maximum control limit, not a safe level.
What is regulation 4 control of asbestos?
Regulation 4 of CAR 2012 places a duty to manage asbestos on the person responsible for maintaining non-domestic premises. It requires them to identify ACMs, assess their condition, prepare a management plan, and provide information to anyone who may disturb them.
What is regulation 5 of the control of asbestos?
Regulation 5 of CAR 2012 requires that no work with asbestos is carried out unless the type of asbestos has been identified. This means an asbestos survey must be completed before any refurbishment or demolition work begins.
What year was the duty to manage asbestos?
The duty to manage asbestos was first introduced in Regulation 4 of the Control of Asbestos Regulations 2006, replacing earlier provisions. It was carried forward into the Control of Asbestos Regulations 2012, which remains current.
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