In commercial buildings—from offices and schools to factories and retail units—various asbestos-containing materials (ACMs) may be present in walls, ceilings, pipes, flooring, or plant rooms.
Asbestos poses a significant health risk when the fibres become airborne, potentially causing mesothelioma, lung cancer, and asbestosis. For duty holders—such as owners, landlords, and employers—failure to properly manage asbestos can lead to legal liabilities and enforceable penalties.
Moreover, unchecked asbestos risk can have serious financial repercussions, including costly remediation, enforcement action, and reputational damage.
Duty to Manage Asbestos in Commercial Premises
Duty holders—including property owners, landlords, and employers—must comply with the Control of Asbestos Regulations 2012 (CAR2012) when ACMs are present or more asbestos is suspected.
Legal triggers include changes in building use, refurbishment, demolition, or the start of new tenancies. Unlike domestic properties, commercial premises face mandatory asbestos obligations. Duty holders must identify, assess, and control risks from ACMs and review asbestos management measures whenever the building is altered or reoccupied.
Locating and Assessing Asbestos-Containing Materials
Identifying ACMs begins with commissioning either an asbestos management survey or an asbestos refurbishment/demolition survey.
An asbestos management survey identifies accessible materials and assesses condition without intrusive works, while an R&D survey fully inspects areas set to be disturbed. Asbestos survey results inform a risk profile and action plan. Always engage UKAS-accredited and UKATA or ARCA-trained surveyors to ensure legal compliance and accurate data for asbestos.
Creating and Maintaining the Asbestos Register
A live asbestos register is a legal requirement and must list each ACM’s location, material type, condition, and assessed risk rating. This document should be updated as new findings about asbestos emerge—adding photographic evidence, inspection dates, and noting completed or planned actions.
Regular reviews and live asbestos tracking ensure the register remains accurate, allowing duty holders to monitor and respond to changing conditions.
Developing and Implementing the Asbestos Management Plan
An effective asbestos management plan balances risk assessment with control measures. Prioritise ACMs using a risk matrix—factors include condition, friability, location, and likelihood of disturbance.
Controlling measures may include encapsulation, enclosure, or scheduling licensed removal during renovation work. Communication via signage, tenant notices, accessible records, and contractor coordination ensures all stakeholders are informed and compliant.
Asbestos Control Measures and Operational Actions
Operational controls include clear labelling of ACMs with hazard notices, locked access panels, and asbestos maintenance protocols limiting disturbance. For in-situ ACMs in good condition, encapsulation or restricted access may suffice.
In other cases, licensed asbestos removal is necessary to eliminate risk. Emergency asbestos procedures should cover accidental damage or asbestos fibre release and ensure prompt sealing, evacuation, and air monitoring. These actions must be documented in the asbestos register and repeated as needed.
Notification, Licensing, and Record-Keeping of Asbestos
Under CAR2012, removal of non-licensed ACMs larger than 10 m² requires a 14-day Notification of Non-Licensed Work (NNLW) to the HSE.
Friable or high-risk asbestos removals demand a licensed contractor, who must comply with strict protocols and provide certificates. All records—surveys, notifications, certificates, waste transfer forms—must be retained for a minimum of 40 years, ensuring traceability and compliance for future duty holders.
Legal Liabilities and Penalties For Asbestos in The UK
Failing to manage asbestos-containing materials exposes duty holders to civil lawsuits for negligence if occupants or contractors are harmed.
The HSE can issue improvement or prohibition notices for asbestos and pursue prosecutions with unlimited fines and imprisonment. Commercial buildings have faced successful asbestos enforcement actions and financial penalties exceeding £100,000 for asbestos breaches and inadequate risk management.
Insurance, Asset Value, and Market Impacts of Asbestos
Effective asbestos management influences insurance coverage, lease terms, and property valuations. Insurers often apply policy exclusions or premium surcharges if asbestos-containing materials management is inadequate.
Buyers, lenders, and investors routinely demand up-to-date asbestos records as part of due diligence—gaps in management can delay transactions or reduce market value. Proactive, compliant management safeguards asset value and mitigates financial risk.