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
Schools, universities, and educational facilities have heightened regulatory obligations because children and young people are more vulnerable to asbestos exposure. Many educational buildings from the 1950s, 1990s were built with asbestos-containing materials in ceilings, walls, floors, and heating systems.
Education authorities must maintain up-to-date asbestos registers for every building, train all staff in asbestos awareness, and ensure that no maintenance or improvement work disturbs asbestos materials without proper controls. Parental and public scrutiny makes compliance failures particularly damaging.
What You Need
Frequently Asked Questions
What are the current UK asbestos regulations?
The principal regulation is the Control of Asbestos Regulations 2012 (CAR 2012), which covers the duty to manage, work with asbestos, licensing, and training. It is supported by the HSE Approved Code of Practice L143 and guidance documents HSG264 and HSG248.
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 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.
When was the first 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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