Health and safety compliance UK-wide

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.

Guide summary

You must manage asbestos in any non-domestic building built or refurbished before 2000. Arrange a survey to find asbestos, keep a register, write a management plan, and review it every 12 months. You can face an unlimited fine or up to 2 years in prison for breaking the rules.

  • Get an asbestos survey if your building was built before 2000
  • Keep an asbestos register showing location and condition of all ACMs
  • Write a management plan and review it at least every 12 months
  • Tell anyone who may disturb asbestos where it is, including contractors
  • Use a licensed contractor for high-risk asbestos work (sprayed coatings, pipe lagging, loose fill, AIB over 2 hours a week)
  • Notify HSE 14 days before licensed work begins using form ASB5
  • Non-licensed work allowed only if exposure is low (below 0.1 f/cm³ over 4 hours) and under 2 hours per week
  • You can face an unlimited fine or up to 2 years in prison for breaking the rules
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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 & Property Requirement

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

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
Who this applies to: All construction clients, principal designers, principal contractors, and contractors undertaking refurbishment or demolition work on buildings that may contain asbestos (typically pre-2000 buildings).
Enforcement:

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