Guide
Manage asbestos in non-domestic buildings
Legal duties for managing asbestos in commercial premises, including survey requirements, licensing thresholds, and the duty to manage under CAR 2012.
Asbestos was widely used in UK construction until 2000. If you're responsible for a non-domestic building constructed or refurbished before 2000, you must manage any asbestos-containing materials (ACMs) present. This is a legal duty under the Control of Asbestos Regulations 2012.
Survey requirements
You must arrange an asbestos survey to identify ACMs in your building. The type of survey depends on whether you're managing ongoing occupation or planning refurbishment or demolition work.
When work requires a licence
If you need to remove or handle asbestos, certain types of work require an HSE asbestos licence. Working without a licence when one is required is a criminal offence.
Construction sector: Enhanced asbestos requirements under CDM 2015
Construction projects involving refurbishment or demolition have additional asbestos requirements under the Construction (Design and Management) Regulations 2015 (CDM):
Pre-construction phase
- Refurbishment and demolition survey mandatory: Client must ensure a suitable and sufficient asbestos survey is completed before construction work begins
- Include in pre-construction information: Survey findings must be provided to designers and principal contractor as part of pre-construction information
- CDM 2015 Regulation 13(3): Specifically requires removal or management of asbestos before other work where reasonably practicable
During construction
- Construction phase plan: Principal contractor must include ACM management in the construction phase plan
- Permit-to-work systems: Work areas containing ACMs must have permit-to-work procedures before disturbance
- HSE notification: Projects notifiable under CDM must include details of any asbestos work in the F10 notification
Post-work requirements
- Clearance certification: Four-stage clearance process required after asbestos removal (visual inspection, air testing, analysis by UKAS lab, issue of certificate)
- Update health and safety file: Final asbestos status must be recorded in the health and safety file for future reference
HSE enforces both CAR 2012 and CDM 2015 on construction sites. Recent prosecutions include:
- £600,000 fine for demolition contractor disturbing asbestos without survey
- £1.2 million fine and director imprisonment for unlicensed asbestos stripping
- £300,000 fine for principal contractor failing to manage asbestos risks
Starting construction work before obtaining refurbishment/demolition survey is a criminal offence under Regulation 13(3) of CDM 2015.