Asbestos and CDM Regulations: What Every Duty Holder Must Know
Asbestos remains the single largest cause of work-related deaths in the UK, and construction sites are where that risk is most acute. If you need to understand how to effectively handle asbestos under CDM regulations, the answer starts long before anyone picks up a tool — it starts with knowing who is responsible, what the law demands, and what good practice looks like on the ground.
This is not a tick-box exercise. Get it wrong and you face enforcement action, unlimited fines, and — far more seriously — workers developing fatal diseases decades down the line. Get it right and you protect people, protect your business, and keep projects moving safely.
The Legal Framework: Two Sets of Regulations Working Together
Two pieces of legislation govern asbestos on construction projects in the UK. They are distinct but deeply interconnected, and understanding both is essential for anyone managing or working on a construction site.
The Control of Asbestos Regulations
The Control of Asbestos Regulations set the overarching framework for managing asbestos across all workplaces and properties. They establish the duty to manage asbestos in non-domestic premises, define the types of work that require licensed contractors, and set the workplace exposure limit — currently 0.1 fibres per cubic centimetre of air, averaged over a four-hour period.
The regulations make clear that anyone in control of a building has a legal duty to identify asbestos-containing materials (ACMs), assess their condition, and put a management plan in place. This applies to every non-domestic property built before the year 2000 — no exceptions.
The Construction (Design and Management) Regulations
The Construction (Design and Management) Regulations — universally known as CDM — govern how construction projects are planned and managed. They place duties on clients, principal designers, principal contractors, and contractors, with the explicit aim of ensuring health and safety risks are identified and managed throughout every phase of a project.
Under CDM, asbestos is a pre-construction risk that must be addressed before any work begins. The client is responsible for ensuring that relevant pre-construction information — including the results of any asbestos surveys — is gathered and shared with the entire project team. Failing to do this is a breach of CDM duties, full stop.
Together, these two sets of regulations create a clear chain of responsibility. The Control of Asbestos Regulations tell you what must be done. CDM tells you who must do it and when.
Who Is the Duty Holder and What Are Their Responsibilities?
Under the Control of Asbestos Regulations, the duty holder is the person or organisation with responsibility for the maintenance and repair of a non-domestic building. In practice, this is usually the building owner, the landlord, or the employer who occupies the premises.
Under CDM, the client takes on a distinct but related set of duties. The client must ensure that suitable arrangements are in place for managing the project, that pre-construction information is provided to designers and contractors, and that a construction phase plan is prepared before work begins.
Crucially, these responsibilities are not transferable by simply pointing at someone else. Even if you appoint a principal contractor to manage the site, you as the client retain overarching duties. The law does not allow you to outsource accountability.
In practical terms, the duty holder must:
- Identify whether ACMs are present through a suitable survey
- Assess the condition and risk of any ACMs found
- Produce and maintain an asbestos register
- Develop a written asbestos management plan
- Ensure anyone who might disturb ACMs is informed of their location and condition
- Monitor the condition of ACMs periodically and update records accordingly
If you are unsure whether your building has been surveyed or whether existing records are adequate, do not assume they are. Pre-construction asbestos information must be current and reliable.
Asbestos Surveys: The Essential Starting Point Under CDM
You cannot manage what you have not found. Before any construction, refurbishment, or demolition work begins on a pre-2000 building, an asbestos survey is legally required. The type of survey you need depends on the nature of the work planned.
Management Surveys
A management survey is the standard survey for buildings in normal occupation and use. It identifies ACMs that could be disturbed during routine maintenance and minor works, and provides the baseline information needed to manage asbestos safely on a day-to-day basis.
Every non-domestic building constructed before 2000 should have one. It forms the foundation of your asbestos register and management plan, and it is the starting point for any construction project on an occupied premises.
Refurbishment and Demolition Surveys
If you are planning significant refurbishment or any form of demolition, you need a demolition survey. This is a more intrusive process — it involves accessing areas that are normally concealed, including voids, ceiling spaces, and the fabric of the building itself.
This survey must be completed before work begins. It is a CDM requirement and a requirement under the Control of Asbestos Regulations. There is no grey area: starting work without this survey in place is unlawful.
Survey findings must be shared with all relevant parties — principal designers, principal contractors, and any specialist subcontractors who may encounter ACMs during the works.
What Happens During a Survey
A qualified surveyor will inspect the building systematically, taking samples from suspect materials for laboratory analysis. Samples are tested to confirm whether asbestos is present and, if so, which type.
The three main types — chrysotile (white), amosite (brown), and crocidolite (blue) — carry different risk profiles, with crocidolite and amosite generally considered the most hazardous. Survey reports record the location, type, condition, and risk score of every ACM found, forming the basis of your asbestos register and informing every decision about how to manage or remove materials going forward.
Building and Maintaining an Asbestos Register
An asbestos register is a live document — not something you commission once and file away. It must be kept up to date and made accessible to anyone who might disturb ACMs in the building, including contractors, maintenance workers, and emergency services.
The register should record:
- The exact location of every ACM in the building
- The type of asbestos identified
- The condition and risk score of each material
- The date of the last inspection
- Any actions taken or planned
Registers should be reviewed every six to twelve months as a minimum. If building work alters the condition or location of any ACMs, the register must be updated immediately.
A register that does not reflect the current state of the building is not just inadequate — it is actively dangerous. Store both a physical and a digital copy, and make sure site staff know where to find it. On a construction project, this information must be included in the pre-construction information pack provided to contractors at tender stage.
The Construction Phase Plan and Asbestos
Under CDM, the principal contractor is responsible for preparing the construction phase plan before work begins on site. This plan must address all significant risks — and on any pre-2000 building, asbestos is almost always one of them.
The construction phase plan should set out:
- The findings of the asbestos survey and the location of any ACMs
- How ACMs will be managed, encapsulated, or removed before or during works
- Which contractors are licensed to carry out notifiable asbestos work
- Emergency procedures if asbestos is unexpectedly disturbed
- How workers will be informed about asbestos risks on site
- Air monitoring arrangements during asbestos removal works
The plan is not a static document. It should be updated as the project progresses and as new information comes to light. If asbestos is discovered during works that was not identified in the survey — which does happen — work must stop immediately in the affected area, and the plan must be revised before work resumes.
Selecting Competent Contractors for Asbestos Work
Not every contractor can legally carry out asbestos removal work. The Control of Asbestos Regulations distinguish between three categories of work, and the licensing requirements differ for each.
Licensed Work
The most hazardous asbestos work — including work on sprayed coatings, lagging, and asbestos insulating board — must be carried out by a contractor licensed by the HSE. Licensed contractors must notify the HSE at least 14 days before work begins, provide health surveillance for their workers, and keep health records for a minimum of 40 years.
When appointing a licensed contractor, always verify their licence is current and covers the type of work required. Ask to see their method statements and risk assessments before they begin. A reputable contractor will provide these without hesitation.
Notifiable Non-Licensed Work
Some asbestos work does not require a licence but must still be notified to the relevant enforcing authority. This category includes work on certain asbestos cement products and textured coatings. Workers carrying out this type of work must receive appropriate training and supervision, and health surveillance is also required.
Non-Licensed Work
A small category of lower-risk asbestos work can be carried out without a licence, provided workers are trained and the work is carried out in accordance with a written risk assessment. Even here, proper controls — respiratory protective equipment, controlled work methods, and appropriate disposal — are mandatory.
Under CDM, the client and principal contractor share responsibility for ensuring that only competent, appropriately licensed contractors are appointed for asbestos work. Checking credentials is a legal obligation, not a courtesy. When commissioning asbestos removal, always confirm the contractor holds a current HSE licence before any work begins.
How to Effectively Handle Asbestos Under CDM Regulations: Controlling Exposure on Site
When asbestos work is taking place on site, exposure controls must be in place from the moment work begins. The hierarchy of control applies here as it does to any other workplace hazard: eliminate where possible, substitute where you can, and control what remains.
Practical control measures include:
- Establishing a clearly defined asbestos work area with physical barriers and warning signage
- Using wet methods to suppress dust during removal
- Providing appropriate respiratory protective equipment (RPE) — the correct type for the work being done, not just any mask
- Ensuring workers wear disposable coveralls and that these are disposed of as contaminated waste
- Using H-class vacuum cleaners and damp wiping for decontamination — never dry sweeping or compressed air
- Setting up a decontamination unit where workers can clean themselves and their equipment before leaving the work area
- Conducting air monitoring during and after removal works to verify that fibre levels remain below the control limit
Workers must be trained before they handle or work near asbestos. The level of training required depends on the type of work — licensed work requires specific asbestos training, while non-licensed work requires awareness training as a minimum. Training records should be kept and available for inspection.
Disposing of Asbestos Waste Correctly
Asbestos waste is classified as hazardous waste and must be disposed of in accordance with the relevant environmental regulations. Cutting corners here carries serious legal and health consequences.
The correct procedure is:
- Double-bag all asbestos waste in heavy-duty polythene bags clearly labelled with asbestos hazard warnings
- Seal bags securely and store them in a locked, designated area away from the working site
- Use a licensed waste carrier to transport asbestos waste to a licensed disposal facility
- Obtain and retain a waste transfer note for every consignment — you are legally required to keep these records
- Never mix asbestos waste with general construction waste or place it in a skip
Unlicensed disposal of asbestos waste is a criminal offence. The Environment Agency and local authorities have powers to investigate and prosecute, and penalties can be severe. If in doubt, ask your licensed asbestos contractor to manage waste disposal as part of their scope of work.
What to Do If Asbestos Is Discovered Unexpectedly
Even with a thorough survey in place, unexpected discoveries happen. Asbestos can be concealed within building materials, hidden behind linings, or present in forms that were not accessible during the original survey. Knowing how to respond is critical.
If suspected ACMs are disturbed or discovered unexpectedly during works:
- Stop work immediately in the affected area
- Isolate the area and prevent anyone from entering
- Do not attempt to clean up or remove the material yourself
- Notify the principal contractor and site manager immediately
- Arrange for a qualified surveyor to inspect and sample the material
- Do not resume work in the area until the material has been assessed and, if necessary, removed by a licensed contractor
- Update the asbestos register and construction phase plan to reflect the new information
Speed matters here — but so does caution. The instinct to keep a project moving is understandable, but resuming work before the risk is properly assessed puts workers in danger and exposes the client and principal contractor to serious legal liability.
Asbestos Surveys Across the UK: Getting the Right Support
Wherever your project is located, you need a surveying partner with the experience and accreditation to deliver reliable results. Supernova Asbestos Surveys operates nationwide, with specialist teams covering major cities and regions across England.
If your project is in the capital, our asbestos survey London service provides fast, accredited surveying across all London boroughs, with same-week availability for urgent pre-construction requirements.
For projects in the North West, our asbestos survey Manchester team covers the Greater Manchester area and surrounding regions, supporting both commercial and industrial clients with management and refurbishment surveys.
In the Midlands, our asbestos survey Birmingham service delivers the same standard of accredited surveying to clients across Birmingham and the wider West Midlands area.
All Supernova surveys are carried out by qualified surveyors in accordance with HSG264 guidance, with UKAS-accredited laboratory analysis for all samples taken.
Frequently Asked Questions
What is the difference between CDM regulations and the Control of Asbestos Regulations?
The Control of Asbestos Regulations set the legal requirements for identifying, managing, and removing asbestos across all non-domestic premises. CDM regulations govern how construction projects are planned and managed, placing specific duties on clients, principal designers, and principal contractors. On a construction project, both sets of regulations apply simultaneously — CDM determines who is responsible and when, while the Control of Asbestos Regulations determine what must actually be done.
Do I need an asbestos survey before starting any building work?
Yes, if the building was constructed before the year 2000 and you are planning refurbishment or demolition work, a refurbishment and demolition survey is legally required before work begins. For buildings in normal occupation, a management survey should already be in place. The type of survey required depends on the nature and extent of the planned works — a qualified surveyor can advise you on which is appropriate for your project.
Who is responsible for asbestos management on a CDM project?
Responsibility is shared across several duty holders. The client must provide pre-construction information, including asbestos survey results, to the project team. The principal designer must consider asbestos risks during the design phase. The principal contractor must address asbestos in the construction phase plan and ensure only competent, licensed contractors carry out asbestos work. Even with these appointments in place, the client retains overarching legal responsibility and cannot simply delegate it away.
What happens if asbestos is found unexpectedly during construction works?
Work must stop immediately in the affected area. The site must be isolated and no further work should take place until the material has been inspected, sampled, and assessed by a qualified surveyor. If the material is confirmed to contain asbestos, a licensed contractor must be appointed to manage or remove it before works resume. The asbestos register and construction phase plan must both be updated to reflect the discovery.
How do I check whether an asbestos contractor is properly licensed?
You can verify an asbestos contractor’s licence status directly through the HSE’s online register of licensed asbestos contractors. A valid licence will specify the types of work the contractor is authorised to carry out. Always check the licence before appointing a contractor for notifiable or licensed asbestos work, and ask to see their current method statements and risk assessments. A reputable contractor will provide this documentation as a matter of course.
Speak to Supernova Asbestos Surveys
Supernova Asbestos Surveys has completed over 50,000 surveys across the UK, supporting clients ranging from individual property owners to major construction contractors. Our accredited surveyors understand the CDM framework and can provide the pre-construction asbestos information your project legally requires — quickly, accurately, and in a format that works for your project team.
Whether you need a management survey for an occupied building, a refurbishment and demolition survey ahead of a construction project, or specialist advice on asbestos removal, we are here to help.
Call us on 020 4586 0680 or visit asbestos-surveys.org.uk to book a survey or speak to a member of our team.