What the Asbestos at Work Regulations Actually Require of You
The asbestos at work regulations exist because the consequences of getting it wrong are severe and irreversible. The UK still records more asbestos-related deaths each year than almost any other developed nation — a legacy of decades of industrial use that continues to claim lives long after the original exposure occurred.
If you manage, own, or work in a building constructed before the year 2000, these regulations apply to you. This post sets out exactly what the law requires, what your duties are, and how to stay on the right side of the Health and Safety Executive (HSE).
The Core Legal Framework Behind the Asbestos at Work Regulations
Two pieces of legislation sit at the heart of asbestos management in the UK. Understanding both is essential before you take any action — or before you decide not to.
The Control of Asbestos Regulations
The Control of Asbestos Regulations consolidate the UK’s approach to asbestos management across all workplaces. They set out who is responsible, what must be done, and how work involving asbestos-containing materials (ACMs) must be controlled.
The regulations establish a clear exposure limit: workers must not be exposed to more than 0.1 fibres per cubic centimetre of air, measured over a four-hour period. For short-duration tasks, the limit is 0.6 fibres per cubic centimetre over any ten-minute period.
These are not targets to aim for — they are legal ceilings. Employers must take all reasonably practicable steps to reduce exposure as far below these limits as possible.
The Health and Safety at Work Act
The Health and Safety at Work Act underpins everything. It places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of all employees — and also places duties on those who manage or control premises.
In the context of asbestos, this means carrying out risk assessments, providing appropriate protective equipment, and ensuring that workers are properly trained before they encounter any material that may contain asbestos.
HSE Guidance: HSG264
HSG264 is the HSE’s authoritative guidance document on asbestos surveys. It defines the types of surveys required, sets out the competency standards for surveyors, and explains how findings should be recorded and acted upon.
Any surveying work carried out on your premises should be conducted in accordance with HSG264. If a surveyor cannot demonstrate familiarity with this guidance, treat that as a serious warning sign.
The Duty to Manage: Who Is Responsible?
The duty to manage asbestos applies to the person or organisation responsible for the maintenance and repair of non-domestic premises. In practice, this typically means the building owner, the landlord, or a managing agent acting on their behalf.
If you hold a full repairing lease, the duty may fall to you as the tenant. Shared areas in multi-occupancy buildings — stairwells, plant rooms, lift shafts, service corridors — must also be covered. There is no grey area: if you are responsible for the building, you are responsible for managing asbestos within it.
What the Duty to Manage Requires
The duty to manage is not simply about knowing where asbestos is. It requires a structured, ongoing approach:
- Assess the premises to identify whether ACMs are present, or are likely to be present
- Commission a suitable asbestos survey where ACMs are suspected
- Assess the condition of any ACMs found and the risk they present
- Produce and maintain an asbestos management plan
- Provide information about ACM locations to anyone who may disturb them — including contractors and maintenance workers
- Review and update the management plan regularly
The management plan is a live document, not a one-off exercise. It must be reviewed whenever circumstances change — after remediation work, a change in building use, or a re-inspection that reveals deterioration.
The Asbestos Risk Register
Every premises subject to the duty to manage should have an asbestos risk register. This document records the location, type, condition, and risk rating of every ACM identified in the building.
The register must be kept up to date and must be accessible to anyone who needs it — particularly contractors and maintenance staff before they begin any work. Keeping this document locked away and never sharing it with tradespeople is one of the most common compliance failures the HSE encounters.
Types of Asbestos Surveys and When Each Is Required
Not all surveys are the same. The type of survey you need depends on what is happening in the building. Getting this wrong can leave you legally exposed — and can put workers at serious risk.
Management Survey
A management survey is the standard survey for buildings in normal occupation and use. It is designed to locate ACMs that could be disturbed during everyday activities — maintenance, minor repairs, or accidental damage.
The surveyor will inspect all accessible areas and take samples for laboratory analysis. The output forms the basis of your asbestos management plan and risk register, and this is the survey most duty holders will need as their starting point.
Refurbishment Survey
Before any refurbishment work begins — whether that is fitting out a new office, replacing pipework, or upgrading electrical systems — you must commission a refurbishment survey covering the areas to be affected.
This is a more intrusive survey than a management survey. The surveyor will access areas that would not be disturbed during normal use, including inside wall cavities, above suspended ceilings, and beneath floor finishes. No refurbishment work should begin until this survey has been completed and reviewed.
Demolition Survey
A demolition survey is required before any structure is demolished, whether in whole or in part. It is the most intrusive type of survey and must cover the entire building or the section being demolished.
All ACMs must be identified and removed before demolition work begins. Attempting to demolish a building without a completed demolition survey is a serious regulatory breach and puts demolition workers at significant risk.
Re-Inspection Survey
Once ACMs have been identified and a management plan is in place, regular re-inspection surveys are required to monitor their condition. The frequency will depend on the type and condition of the materials, but annual re-inspections are typical for most premises.
The purpose is to detect any deterioration early — before fibres are released into the air. If a re-inspection reveals that an ACM has degraded, prompt action must be taken, whether that means encapsulation, repair, or removal.
Licensed Work, Non-Licensed Work, and Notifiable Non-Licensed Work
The asbestos at work regulations divide asbestos-related tasks into three categories. Which category a job falls into determines the level of control, notification, and documentation required.
Licensed Work
Certain types of asbestos work can only be carried out by a contractor holding a licence issued by the HSE. Licensed work includes:
- Removal of sprayed asbestos coatings
- Removal of asbestos lagging and pipe insulation
- Removal of asbestos insulating board (AIB) in most circumstances
- Any work where the exposure is not sporadic and of low intensity
Licensed contractors are subject to additional requirements, including advance notification to the HSE before work begins, medical surveillance for workers, and detailed record-keeping. Always verify a contractor’s licence status before allowing them to begin any licensed work on your premises.
Notifiable Non-Licensed Work (NNLW)
Some lower-risk asbestos tasks do not require a licence but must still be notified to the relevant enforcing authority before work begins. This category — known as notifiable non-licensed work — also requires employers to maintain health records for workers and to arrange medical surveillance.
Examples of NNLW include short-duration work on asbestos cement products and minor work on textured coatings. If you are unsure whether a planned task falls into this category, seek advice from a qualified asbestos consultant before proceeding.
Non-Licensed Work
Non-licensed work covers lower-risk tasks where exposure is sporadic and of low intensity. No notification or licence is required, but workers must still have appropriate training, use correct controls, and keep exposure as low as reasonably practicable.
Assuming that non-licensed means unregulated is a dangerous misreading of the law. Even in this category, the asbestos at work regulations still apply in full.
Worker Training and Health Surveillance
The regulations place clear obligations on employers regarding training and health monitoring. Anyone who is liable to disturb asbestos — or who supervises workers who do — must receive appropriate information, instruction, and training.
Training must be relevant to the type of work being carried out. A maintenance worker who might occasionally encounter ACMs during routine tasks requires different training to a licensed asbestos removal operative. Both require training — the level and content differ.
Workers engaged in licensed asbestos work must undergo medical surveillance, including a medical examination by an employment medical adviser or appointed doctor, at intervals of no more than three years. Records of this surveillance must be kept for 40 years — a reflection of the long latency period of asbestos-related disease.
When Does Asbestos Need to Be Removed?
Removal is not always the right answer. ACMs in good condition that are not at risk of being disturbed can often be safely managed in situ. The duty to manage requires you to manage asbestos — not necessarily to remove it.
However, removal becomes necessary when:
- ACMs are in poor condition and cannot be effectively repaired or encapsulated
- Planned refurbishment or demolition work will disturb the material
- The material poses an unacceptable ongoing risk that cannot be managed through other means
Where removal is required, it must be carried out by appropriately qualified contractors — and in many cases by a licensed contractor. Supernova’s asbestos removal service ensures that all work is conducted in full compliance with the regulations, with proper containment, air monitoring, and waste disposal.
Penalties for Non-Compliance with the Asbestos at Work Regulations
The HSE takes enforcement of the asbestos at work regulations seriously. Inspectors have powers to issue improvement notices, prohibition notices, and — in serious cases — to prosecute duty holders.
Magistrates’ courts can impose fines of up to £20,000 and custodial sentences of up to six months for certain offences. Cases referred to the Crown Court carry unlimited fines and up to two years’ imprisonment. Directors and senior managers can be personally prosecuted where they are found to have consented to or connived in an offence.
Beyond the legal penalties, the reputational and civil liability consequences of a serious asbestos incident can be devastating. The cost of doing things properly is always lower than the cost of getting it wrong.
Asbestos Surveys Across the UK
Supernova Asbestos Surveys operates nationwide, with specialist teams covering all major cities and regions. Whether you need an asbestos survey in London, an asbestos survey in Manchester, or an asbestos survey in Birmingham, our accredited surveyors can mobilise quickly and deliver fully HSG264-compliant reports.
With over 50,000 surveys completed, we have the experience and the systems to support duty holders across every sector — from commercial landlords and facilities managers to schools, hospitals, and industrial operators.
To discuss your requirements or book a survey, call us on 020 4586 0680 or visit asbestos-surveys.org.uk. Our team is ready to help you meet your obligations under the asbestos at work regulations — efficiently, accurately, and without unnecessary disruption to your operations.
Frequently Asked Questions
Who does the duty to manage asbestos apply to?
The duty to manage applies to the person or organisation responsible for the maintenance and repair of non-domestic premises. This is typically the building owner, landlord, or managing agent. In some cases, where a full repairing lease is in place, the duty may fall to the tenant. If you are responsible for the upkeep of a building, you are responsible for managing asbestos within it.
Do the asbestos at work regulations apply to buildings built after 2000?
The regulations focus on buildings constructed before the year 2000, as asbestos was banned from use in new construction in the UK from November 1999. If your building was constructed after that date, it is unlikely to contain asbestos-containing materials — but if you are uncertain about the construction date or materials used, a management survey will confirm the position.
What is the difference between licensed and non-licensed asbestos work?
Licensed work involves higher-risk asbestos materials — such as sprayed coatings, lagging, and asbestos insulating board — and can only be carried out by contractors holding an HSE licence. Non-licensed work covers lower-risk tasks where exposure is sporadic and of low intensity. There is also a middle category — notifiable non-licensed work — which does not require a licence but must be notified to the enforcing authority before work begins. All three categories remain subject to the asbestos at work regulations.
How often does an asbestos management plan need to be reviewed?
There is no fixed statutory interval, but the management plan must be reviewed regularly and updated whenever circumstances change. This includes after any remediation or removal work, a change in building use, or following a re-inspection that reveals deterioration in the condition of ACMs. Annual re-inspections are typical for most premises, and the management plan should be updated to reflect each re-inspection’s findings.
What happens if I fail to comply with the asbestos at work regulations?
The HSE can issue improvement notices or prohibition notices, and in serious cases can prosecute duty holders. Fines of up to £20,000 can be imposed in a magistrates’ court, while Crown Court cases carry unlimited fines and up to two years’ imprisonment. Individual directors and managers can also face personal prosecution. Beyond criminal penalties, there is significant civil liability exposure if workers or occupants are harmed as a result of non-compliance.