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
Office buildings have a duty holder obligation to manage asbestos and make information available to anyone who might disturb it, including maintenance contractors, IT installers, and fit-out teams. The asbestos register must be consulted before any work that breaks the building fabric.
Corporate occupiers face additional requirements: health and safety legislation requires employers to protect workers from asbestos exposure. If an employer occupies a building with asbestos, they must ensure workers are informed and that no work activities disturb asbestos materials without proper controls.
What You Need
Frequently Asked Questions
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.
What are a landlord's legal obligations regarding asbestos in rental properties?
Landlords must: identify ACMs through professional surveys, maintain an up-to-date management plan, inform tenants of known asbestos locations, arrange condition monitoring, manage or remove deteriorated materials, and provide asbestos information to any contractor working on the property. Specific requirements vary by jurisdiction but the duty of care to occupants is universal.
Is asbestos awareness mandatory?
Yes, under CAR 2012 Regulation 10, all workers whose activities could foreseeably disturb asbestos must receive asbestos awareness training. This includes maintenance workers, electricians, plumbers, and building managers.
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 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.
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