Asbestos was banned in the UK in 1999, but it still remains in many commercial buildings constructed before 2000. Asbestos-containing materials (ACMs), from insulation boards to floor tiles, are often hidden in clear sight. It is the disturbance of these types of materials, which releases harmful fibres into the air, that is of the most concern. This is what creates the “duty to manage” asbestos risks in UK law for people in control of commercial properties.
Who is Dutyholder?
The dutyholder is the person or organisation that will be responsible for the upkeep or repairs of your commercial property. This may be the building owner or landlord but could also be a tenant or perhaps a managing agent. Usually, this can be set out in leases or contracts, and it is essential to identify clearly who has this duty for your premises.
What the Duty to Manage Requires
Managing asbestos is not an option but an obligation imposed on the dutyholder to comply with the requirements of the Control of Asbestos Regulations 2012. The duties placed on dutyholders with respect to asbestos are that they must:
- Identify or presume the presence of asbestos: If the building was constructed before 2000, it must be presumed, unless, it is confirmed otherwise.
- Keep a written record (an asbestos register): This will identify where the asbestos-containing materials are located, their type, and their condition.
- Assess the risk: Identify how likely it is that fibres can be released if any of the asbestos materials were disturbed.
- Prepare and maintain a management plan: This should outline how the risks will be controlled, maintained, and reviewed.
- Provide information: Staff, contractors or anyone working on or around the building must be informed about the risks associated with asbestos.
These simple steps are necessary in order to protect health and to avoid serious penalties for dutyholders failure to comply with their statutory obligations.
Surveys You Need
Surveys are vital in achieving these requirements.
- Management Survey: Provides reassurance that a building can be used and maintained safely when occupied by its normal workers. It forms the basis of your asbestos register.
- Asbestos Refurbishment Survey: Required before works commence that are intrusive, such as drilling, strip-outs, or major refurbishment. This survey is more detailed and will find ACMs that might be concealed within the structure of your walls, ceilings, or floors.
Both surveys produce the necessary information that you need to enable you to plan, and execute safe works, avoid delays to your project, and keep your workforce, and those affected by your works, safe from exposure.
Confirming Asbestos: The Role of Asbestos Lab Testing
It’s important to note that just because an inspection doesn’t reveal visible signs of asbestos in a material does not mean that it is asbestos-free. A sample must be collected and tested by an accredited laboratory.
Asbestos laboratory tests produce accurate reliable results which are then incorporated into your asbestos register and management plan. In the UK, any testing should obtain by UKAS-accredited laboratories ensuring compliant legal standards and that you can trust the outcome.
Record-Keeping, Monitoring, and Communication
Asbestos management does not end when the initial assessment is completed as duty holders need to:
- Maintain, and regularly revise, asbestos registers.
- Regularly inspect known ACMs (Asbestos Containing Material) to assess their condition.
- Regularly review and revise management plans, if necessary.
- Control permits to work so that no tradesperson can start intrusive work before identifying whether asbestos is present.
Communicating these management strategies is as crucial (if not more), as completing paperwork. All stakeholders who might disturb asbestos should be made aware of it, and have the correct information at the correct times.
Penalties for Non-Compliance
If incorrectly handled, asbestos may result in criminal fines or, in extreme situations, imprisonment. Enforcement isn’t infrequent, property owners and contractors are regularly prosecuted for not discharging their duties. By complying, you are protecting not only individuals but also your own reputation and financial interests.
Commercial and Residential Contexts
This article deals primarily with commercial buildings but duty to manage applies to the common parts of multi-occupancy housing such as stairwells and corridors etc. If you are responsible for both commercial and residential premises there will also be a need for a residential asbestos survey as well to protect tenants and show due diligence.
How We Can Help
At Scopus Asbestos Compliance Ltd, we specialise in making asbestos compliance clear, practical, and cost-effective. Our services include:
- Management and asbestos refurbishment surveys
- Independent asbestos lab testing through accredited partners
- Clear asbestos registers and management plans
- Re-inspections and compliance reviews
- Training and information sharing for your staff and contractors
With our support, you can be confident your property is safe, compliant, and ready for inspection.
Conclusion
Asbestos is a hidden risk in many UK buildings, but managing it doesn’t have to be complicated. By knowing your duty, arranging proper surveys, and acting on the results, you protect people, avoid costly penalties, and keep projects on track.