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
Healthcare facilities face the strictest regulatory requirements for asbestos management due to their vulnerable populations, patients, elderly residents, and immunocompromised individuals. Hospitals, clinics, and care homes must maintain comprehensive asbestos registers and actively manage all identified materials.
Healthcare regulators conduct inspections that specifically check asbestos management compliance. Non-compliance can result in facility closure orders, loss of operating licences, and personal liability for facility directors and board members.
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.
Is asbestos fully banned in the UK?
Yes, the UK banned all forms of asbestos in 1999 under the Asbestos (Prohibitions) Regulations. However, the duty to manage asbestos already in buildings remains a legal obligation under the Control of Asbestos Regulations 2012.
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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