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Compliance

The duty to manage asbestos, and what it actually involves

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The short answer

Anyone with responsibility for the maintenance or repair of non-domestic premises has a legal duty to manage asbestos. That means finding out whether asbestos is present, recording it, assessing the risk, preparing a written management plan, and keeping the information up to date and available to anyone who might disturb it.

Asbestos is the compliance area most often reduced to a single document sitting in a drawer. The register is necessary but it is not the duty — the duty is that the information is current, acted upon, and in the hands of the people about to drill into a wall.

What is required, and where it comes from

  • Legal requirement

    Take reasonable steps to determine whether asbestos is present, its location, amount and condition — and presume it is present unless there is strong evidence otherwise.

    Source: Control of Asbestos Regulations 2012, Regulation 4

  • Legal requirement

    Record the findings, assess the risk, and prepare and implement a written plan to manage that risk.

    Source: Control of Asbestos Regulations 2012, Regulation 4

  • Legal requirement

    Review and monitor the plan, and make the information available to anyone liable to disturb the asbestos.

    Source: Control of Asbestos Regulations 2012, Regulation 4

    This last part is the one most often missed — a register nobody gives to the contractor achieves nothing.

  • Typical practice

    Condition of known asbestos-containing materials is commonly re-inspected at least annually, and a refurbishment or demolition survey commissioned before intrusive work.

    Source: HSG264, common practice

  • Legal requirement

    Work with most asbestos-containing materials requires a licensed contractor; some lower-risk work is notifiable non-licensed work with its own requirements.

    Source: Control of Asbestos Regulations 2012, Regulations 8 and 3

What proves it was done

Compliance is demonstrated with records, not intentions. These are the documents an enforcing authority, an insurer or a purchaser’s solicitor will ask for.

  • The asbestos survey report — management, refurbishment or demolition as appropriate
  • A current asbestos register naming locations, materials and condition
  • The written asbestos management plan, with named responsibilities
  • Re-inspection records tracking material condition over time
  • Evidence the register was issued to contractors before work began
  • Air clearance certificates and consignment notes following removal

Where this usually goes wrong

  • A management survey relied upon before intrusive work, when a refurbishment survey was required
  • Register never issued to the contractor who then drilled through an ACM
  • No re-inspection, so material condition is recorded as it was years ago
  • Presumed ACMs never resolved either way, leaving the position permanently ambiguous
  • Management plan naming a responsible person who has since left

What happens if it is missed

Asbestos remains the single largest cause of work-related deaths in the UK. Breaches are prosecuted by the HSE and carry unlimited fines and potential imprisonment. Uncontrolled disturbance also triggers immediate closure of the affected area and substantial remediation cost.

This page is general information about compliance obligations in commercial property, not legal advice. Legislation cited applies to England and Wales unless stated; Scotland and Northern Ireland differ, particularly on fire safety. Duty holders should confirm their position against current legislation and a competent assessment of their own premises.

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All non-domestic premises, and the common parts of domestic premises such as blocks of flats. Age matters for likelihood, not for the duty: asbestos was banned in the UK in 1999, so buildings built or refurbished before then may contain it.

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