Reporting Asbestos to HSE: What UK Duty Holders Actually Need to Know
Asbestos remains one of the most tightly regulated hazardous materials in the UK — and the rules around managing, recording, and reporting it exist for very good reason. It still causes thousands of deaths every year, and those deaths are entirely preventable when the law is followed correctly.
If you own, manage, or work in a commercial property, understanding your obligations around reporting asbestos to HSE is not optional. It is a legal duty, and getting it wrong carries serious consequences — criminal prosecution, unlimited fines, and in some cases, imprisonment.
This post breaks down exactly what those obligations are, when reporting is triggered, and what steps you need to take to stay on the right side of the law.
The Legal Framework Behind Reporting Asbestos to HSE
Several pieces of legislation govern how asbestos is managed and reported in the UK. They overlap and reinforce one another, so understanding how they fit together is essential before you can make sense of when and how to report.
The Control of Asbestos Regulations
This is the central piece of legislation. The Control of Asbestos Regulations place a legal duty on those responsible for non-domestic premises to manage asbestos. That means identifying where asbestos-containing materials (ACMs) are located, assessing their condition, and putting a written management plan in place.
The regulations also set strict rules for any work involving asbestos — from fully licensed removal through to lower-risk tasks carried out under notification. Duty holders cannot simply discover asbestos and ignore it. Action is required.
RIDDOR — Reporting Injuries, Diseases and Dangerous Occurrences
RIDDOR is where the direct obligation to report asbestos to HSE becomes most explicit. Under RIDDOR, certain asbestos-related incidents and diagnoses must be reported to the HSE by law. These include:
- A diagnosis of mesothelioma in a worker
- Any other occupational disease caused by asbestos exposure, where a doctor confirms the diagnosis in writing
- Dangerous occurrences involving asbestos — for example, an uncontrolled release of asbestos fibres during work activities
Employers and self-employed people carry the primary duty to report under RIDDOR. Failure to report is a criminal offence, not an administrative oversight.
The Health and Safety at Work etc. Act
This Act underpins everything else. It places a general duty on employers to protect the health, safety, and welfare of their employees — and anyone else who might be affected by their work. Managing asbestos risks properly, and reporting when things go wrong, sits squarely within those duties.
COSHH Regulations
The Control of Substances Hazardous to Health Regulations require employers to assess and control exposure to hazardous substances, including asbestos. Where asbestos is present and workers might be exposed, a suitable COSHH assessment must be in place before any work begins.
When Must You Report Asbestos to HSE?
This is the question most property managers and employers want answered clearly. Here is a straightforward breakdown of the circumstances that trigger a reporting obligation.
Occupational Asbestos Disease
If a current or former employee is diagnosed with an asbestos-related disease — mesothelioma, asbestosis, asbestos-related lung cancer, or diffuse pleural thickening — and that disease is linked to their work, you are required to report it to the HSE under RIDDOR. The trigger is a written diagnosis from a doctor confirming the occupational link.
You do not need to wait for a legal claim or tribunal. The reporting obligation arises at the point of diagnosis.
Dangerous Occurrences Involving Asbestos
If an incident at your premises results in a significant uncontrolled release of asbestos fibres — for example, during refurbishment work where ACMs were disturbed unexpectedly — this is a reportable dangerous occurrence under RIDDOR. Report this to the HSE as soon as practicable.
Keep a written record of the incident, the people involved, and the steps taken to make the area safe. Do not wait to see whether anyone becomes unwell before filing a report.
Notifiable Non-Licensed Work (NNLW)
Not all asbestos work requires a full licence, but some lower-risk tasks still require notification to the HSE before work begins. This is known as Notifiable Non-Licensed Work (NNLW). Examples include:
- Short-duration work on textured coatings such as Artex
- Removing small amounts of asbestos cement
- Encapsulation work on certain ACMs
For NNLW, the employer must notify the relevant enforcing authority — usually the HSE — before work starts. Workers involved must also receive health surveillance, and records must be kept for 40 years.
Licensed Asbestos Work
Fully licensed asbestos removal requires a contractor who holds a current HSE licence. The licensed contractor must notify the HSE at least 14 days before work begins. As the duty holder or client, you should ask to see evidence of that notification before any work starts on site — it is a basic but essential due diligence check.
The Role of the HSE in Asbestos Regulation
The Health and Safety Executive is the UK’s national regulator for workplace health and safety. When it comes to asbestos, the HSE operates across several functions simultaneously.
Enforcement
The HSE has the power to inspect premises, issue improvement notices and prohibition notices, and prosecute employers who fail to comply with asbestos regulations. Inspectors can visit with or without prior notice.
Penalties for non-compliance can include unlimited fines and, in serious cases, imprisonment. The HSE takes asbestos breaches seriously because the consequences — fatal diseases with long latency periods — are irreversible once exposure has occurred.
Guidance and Standards
The HSE publishes HSG264, the definitive guidance document for asbestos surveys in the UK. This sets out the standards for both management survey work and refurbishment and demolition surveys, and it is the benchmark against which all accredited surveyors operate.
Following HSG264 is not just good practice — it is the recognised standard for demonstrating compliance with the duty to manage asbestos under the Control of Asbestos Regulations.
Licensing
The HSE issues licences to asbestos removal contractors. Only HSE-licensed contractors can carry out certain categories of high-risk asbestos work, such as removing sprayed coatings or lagging from pipes and boilers. Checking that your contractor holds a current licence is a non-negotiable step before any licensed work begins.
Employer and Employee Responsibilities
Reporting asbestos to HSE is one part of a broader set of responsibilities that employers and employees share. Both sides of the duty carry real legal weight.
What Employers Must Do
- Commission an asbestos survey of any non-domestic premises built before 2000
- Produce and maintain a written asbestos management plan
- Ensure anyone who might disturb ACMs — contractors, maintenance staff, trades — is made aware of their location and condition before work begins
- Arrange regular re-inspections to monitor the condition of known ACMs
- Keep records of all surveys, inspections, and asbestos-related work for the required retention periods
- Report notifiable incidents and diagnoses to the HSE under RIDDOR
- Ensure any contractor carrying out licensable work holds a current HSE licence
What Employees Must Do
- Follow safe working procedures when working near known or suspected ACMs
- Report any damage, deterioration, or disturbance of asbestos materials to their employer immediately
- Attend asbestos awareness training where required
- Not attempt to remove or disturb asbestos without proper training and, where required, a licence
The duty to report damage or disturbance sits with employees as much as employers. A quick report of a damaged ceiling tile or broken pipe lagging can prevent a far more serious exposure incident from developing.
Construction Projects, CDM, and Asbestos Surveys
The Construction Design and Management Regulations add another layer of obligation for those involved in building work. Before any refurbishment or demolition project begins, a demolition survey must be carried out on the affected areas. This is a legal requirement, not a recommendation.
Under CDM, the principal designer and principal contractor both have responsibilities for ensuring asbestos risks are identified and managed throughout the project. The pre-construction information pack must include details of any known or suspected ACMs.
If asbestos is discovered during a construction project that was not identified in the survey, work must stop immediately. The area must be made safe, and the appropriate notifications made before work resumes. This is not a situation where you push on and deal with it later — doing so exposes workers to risk and the employer to serious legal liability.
How to Report Asbestos Incidents to HSE
Reporting under RIDDOR is done online through the HSE’s website. The process itself is straightforward, but the key is acting promptly — delays can put you in breach of your legal obligations.
For most RIDDOR reports, specific deadlines apply. Fatal accidents and specified injuries must be reported immediately, while occupational diseases should be reported as soon as the employer receives written confirmation of the diagnosis.
When making a report, you will need:
- Details of the person affected — name, job role, and employer
- The nature of the diagnosis or incident
- The date and location of the incident, or when the written diagnosis was received
- A brief description of the circumstances
Keep a copy of every report you submit. The HSE may follow up with questions, and having your records in order demonstrates that you are managing your obligations properly. A well-kept paper trail also protects you if a legal dispute arises later.
What Happens If You Fail to Report?
Failing to report under RIDDOR is a criminal offence. The HSE can — and does — prosecute employers who do not comply. Penalties include significant fines, and in cases involving wilful neglect or repeated breaches, custodial sentences are possible.
Beyond the legal consequences, unreported incidents make it harder for the HSE to track workplace health risks and improve safety standards across the industry. Every unreported case is a missed opportunity to prevent future harm.
There is also a practical risk: if a former employee later pursues a civil claim and it emerges that a diagnosis was not reported when it should have been, that failure will not reflect well on the employer in any proceedings.
Getting the Survey Right First
You cannot manage or report what you do not know about. The foundation of any asbestos management programme is a thorough, professionally conducted survey carried out by an accredited surveyor working to HSG264 standards.
For occupied commercial premises, a management survey is the starting point. It identifies the location, extent, and condition of any ACMs that could be disturbed during normal occupation and routine maintenance.
For any building or area due for refurbishment or demolition, a demolition survey is required before work begins. This is a more intrusive inspection designed to locate all ACMs, including those that would be disturbed or removed during the planned works.
If asbestos is found and requires removal, that work must be carried out by a competent, and where required, licensed contractor. You can find out more about what that process involves by looking at our asbestos removal service page.
Asbestos Surveys Across the UK
Supernova Asbestos Surveys has completed over 50,000 surveys across the UK. Our accredited surveyors work to HSG264 standards and provide clear, actionable reports that give you everything you need to meet your legal obligations — including the documentation required to support any reporting to the HSE.
We operate nationwide. If you are based in the capital, our team provides a full asbestos survey London service covering all property types. In the north west, our asbestos survey Manchester team is on hand to assist with everything from management surveys through to pre-demolition inspections. And across the Midlands, our asbestos survey Birmingham service covers commercial, industrial, and residential properties.
Wherever you are in the UK, we can help you get compliant and stay that way.
Speak to Supernova Asbestos Surveys
If you have discovered asbestos, need a survey before refurbishment or demolition, or simply want to understand your obligations around reporting asbestos to HSE, we are here to help. Our team can advise on the right type of survey for your situation, arrange an accredited inspection, and provide the documentation you need to demonstrate compliance.
Call us on 020 4586 0680 or visit asbestos-surveys.org.uk to request a quote or speak to one of our surveyors directly. With over 50,000 surveys completed, we have the experience to guide you through even the most complex asbestos management situations.
Frequently Asked Questions
When am I legally required to report asbestos to HSE?
You are required to report to the HSE under RIDDOR when a worker is diagnosed with an occupational asbestos-related disease such as mesothelioma or asbestosis, or when a dangerous occurrence involving asbestos takes place — such as an uncontrolled release of fibres on site. For licensed asbestos removal work, the contractor must notify the HSE at least 14 days before work begins. For Notifiable Non-Licensed Work, notification must be made before work starts.
Who is responsible for reporting asbestos incidents to HSE?
The primary duty to report under RIDDOR lies with the employer or, in the case of self-employed individuals, the person themselves. Where licensed asbestos removal is being carried out, the licensed contractor holds the notification responsibility. As a duty holder or client, you should confirm that notifications have been made before any licensed work begins on your property.
What is the difference between a management survey and a demolition survey?
A management survey is designed for occupied premises. It identifies ACMs that could be disturbed during normal use and routine maintenance, and forms the basis of your asbestos management plan. A demolition or refurbishment survey is a more intrusive inspection required before any structural work or demolition begins. It is designed to locate all ACMs in the areas affected, including those that would be disturbed or removed during the works.
What happens if I fail to report asbestos to HSE when required?
Failing to report under RIDDOR is a criminal offence. The HSE can prosecute employers and impose significant fines. In cases of wilful neglect or repeated non-compliance, custodial sentences are possible. There are also civil liability implications — if a former employee pursues a claim and it emerges that a reportable diagnosis was not notified to the HSE, that failure is likely to be used against you in proceedings.
Do I need an HSE-licensed contractor for all asbestos removal work?
Not all asbestos removal requires a licensed contractor, but high-risk work — such as removing sprayed coatings, pipe lagging, or asbestos insulating board — must only be carried out by a contractor holding a current HSE licence. Some lower-risk tasks fall under Notifiable Non-Licensed Work, which still requires notification to the HSE before work begins. Always check your contractor’s licence status before any removal work starts.