Health and safety compliance

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.

UK-wide
Guide summary

If you own or manage a non-domestic building built or refurbished before 2000, you must manage any asbestos inside. This means finding it, making a plan to deal with it, and checking it regularly. Not doing so can lead to unlimited fines or prison.

  • Identify asbestos in buildings built or refurbished before 2000
  • Create and update an asbestos register showing location and condition
  • Write an asbestos management plan detailing how risks will be handled
  • Review your management plan at least once a year
  • Arrange an asbestos survey to find asbestos-containing materials (ACMs)
  • Notify the HSE 14 days before starting licensed asbestos work using ASB5 form
  • Some asbestos removal/handling needs an HSE licence (e.g., sprayed coatings)
  • Non-licensed work on some materials (AIB) must not exceed 2 hours per 7 days
  • Share asbestos information with anyone working on the building
  • Face unlimited fines or up to 2 years in prison for serious breaches
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UK-wide

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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
  • 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
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: <p>HSE enforces both CAR 2012 and CDM 2015 on construction sites. Recent prosecutions include:</p>
<ul>
<li>£600,000 fine for demolition contractor disturbing asbestos without survey</li>
<li>£1.2 million fine and director imprisonment for unlicensed asbestos stripping</li>
<li>£300,000 fine for principal contractor failing to manage asbestos risks</li>
</ul>
<p>Starting construction work before obtaining refurbishment/demolition survey is a criminal offence under Regulation 13(3) of CDM 2015.</p>