If you manage or own a commercial building constructed before the year 2000, managing asbestos is one of your most important legal duties. The Control of Asbestos Regulations 2012 places a clear duty on building owners, employers and managing agents to manage asbestos in non-domestic premises — and the consequences of failing to do so are severe.
⚠️ The Scale of the Problem
Asbestos is the UK's biggest occupational killer, responsible for over 5,000 deaths every year — more than die on UK roads. An estimated 1.5 million commercial buildings in the UK still contain asbestos-containing materials (ACMs). The disease caused by asbestos exposure can take 20–40 years to develop, which means people exposed in workplaces today may not become ill until the 2040s or 2050s.
Who Has a Legal Duty?
Under Regulation 4 of the Control of Asbestos Regulations 2012, the "duty to manage" asbestos falls on the person who has responsibility for maintaining or repairing non-domestic premises. This includes:
🏢 Building Owners
Anyone who owns a non-domestic building built before 2000 has a duty to manage any asbestos present — whether or not the building is occupied.
🗂️ Employers & Occupiers
Employers who have responsibility for maintaining the premises where they operate share in the duty to manage asbestos in those premises.
🔧 Managing Agents
Property managing agents who have contractual responsibility for maintenance take on the duty to manage for the buildings they manage.
🏗️ Contractors
Any contractors carrying out work in commercial buildings must be provided with asbestos information before they begin work and must not disturb ACMs without proper controls.
What Does the Duty to Manage Require?
The duty to manage asbestos under CAR 2012 requires duty holders to:
- Find out if asbestos is present — by commissioning a professional asbestos survey or reviewing existing survey records
- Assess the condition and risk of any asbestos-containing materials found
- Prepare a written Asbestos Management Plan detailing how the ACMs will be managed
- Implement and monitor the plan — ensuring ACMs remain in safe condition
- Arrange regular re-inspections — annually as a minimum best practice
- Provide information to anyone who may disturb the ACMs — contractors, maintenance workers, emergency services
Where Is Asbestos Found in Commercial Buildings?
Commercial buildings from the 1950s through to the 1990s used asbestos widely in both structural and finishing materials. Common locations include:
- Insulation boards (AIB) — in partition walls, ceiling tiles, fire doors and door surrounds
- Sprayed coatings — on structural steelwork and concrete for fire protection
- Pipe lagging and boiler insulation — in plant rooms and ceiling voids
- Floor tiles — including vinyl floor tiles and their adhesive
- Textured coatings — on ceilings and some walls
- Roof materials — corrugated cement sheeting, particularly on older industrial and warehouse units
- Guttering and downpipes — on older commercial and industrial buildings
- Gaskets and seals — in boiler rooms and plant rooms
📋 Can Asbestos Be Left in Place?
Yes — and in many cases, this is the right decision. Asbestos-containing materials in good condition and low-risk locations are often best managed in place with regular monitoring, rather than removed. Removal itself can be a high-risk activity if not properly managed. The key is knowing exactly where ACMs are, what condition they are in, and ensuring anyone working in the building has access to that information.
Types of Asbestos Survey for Commercial Buildings
There are two main types of asbestos survey specified in HSG264, the HSE's guidance document:
Management Survey
Required for the routine management of a building in normal occupation. The survey locates ACMs that could be disturbed during everyday activities — maintenance work, fitting new equipment, minor alterations. It is less intrusive than a refurbishment survey and forms the basis of your Asbestos Register and Management Plan.
Refurbishment & Demolition Survey
Required before any refurbishment, renovation or demolition work. More intrusive than a management survey — it identifies all ACMs throughout the areas to be worked on, including those hidden within the building structure. This survey must be carried out before any building works begin, without exception.
Annual Re-Inspection — Your Ongoing Duty
The duty to manage asbestos is ongoing, not a one-off exercise. Known asbestos-containing materials must be monitored regularly to ensure they remain in safe condition. Industry best practice — and the HSE's strong recommendation — is annual re-inspection surveys to update your Asbestos Register and Management Plan.
Eco Assets Manager offers an annual re-inspection service to keep your documentation current and your obligations met year-round.
What Are the Penalties for Non-Compliance?
Failure to comply with the Control of Asbestos Regulations 2012 is a criminal offence enforced by the Health and Safety Executive (HSE). Penalties include:
- Unlimited fines on conviction in Crown Court
- Up to two years imprisonment for individuals responsible
- HSE Improvement Notices requiring urgent corrective action
- HSE Prohibition Notices stopping all or part of your operations
- Civil liability for any harm caused to workers or occupants
How to Get Started
The first step is to commission a professional asbestos management survey if you do not already have a current one. Eco Assets Manager's P402-qualified surveyors will carry out a thorough survey, send samples to an independent accredited laboratory, and deliver a comprehensive report with your Asbestos Register within 48 hours.
Contact us today for a free quote. We respond to all enquiries within 2 hours.