What Construction Companies Must Know About the Legal Requirements for Asbestos
Asbestos still kills more people in the UK each year than any other single work-related cause. For construction companies, that statistic carries real weight — because your workers are among those most at risk. Understanding the legal requirements for asbestos is not optional. It is a fundamental part of running a construction business safely and lawfully in the UK.
Whether you are managing a refurbishment, a demolition, or routine maintenance on a pre-2000 building, the law places specific duties on you. Get them wrong and the consequences range from unlimited fines to imprisonment. Get them right and you protect your workers, your business, and your reputation.
Why Asbestos Remains a Live Issue for Construction
The UK banned the use of asbestos in 1999, with white asbestos (chrysotile) being the last type prohibited. But banning it did not make it disappear. Millions of buildings constructed before that date still contain asbestos-containing materials (ACMs), and construction workers disturb those materials every day.
Asbestos fibres, when inhaled, can cause mesothelioma, asbestosis, and lung cancer — diseases that typically take decades to develop after exposure. This long latency period means workers exposed today may not show symptoms until the 2040s or beyond. The legal framework exists precisely to prevent that future harm.
Construction trades — including electricians, plumbers, joiners, and demolition workers — face particularly high exposure risks because they routinely work in older buildings without always knowing what materials they are cutting, drilling, or disturbing.
The Core Legislation: Control of Asbestos Regulations
The primary legislation governing asbestos in the UK is the Control of Asbestos Regulations. These regulations consolidate earlier rules and set out a clear framework for how asbestos must be managed, handled, and removed across all workplaces, including construction sites.
The regulations apply to any work that may disturb asbestos, and they place duties on employers, the self-employed, and dutyholders — those who own, occupy, or have responsibility for non-domestic premises.
Regulation 4: The Duty to Manage
Regulation 4 is the cornerstone provision for anyone responsible for a building. It requires dutyholders to take reasonable steps to find out whether ACMs are present, assess their condition, and put a written asbestos management plan in place.
For construction companies, this means that before any work begins on a pre-2000 building, you must either obtain an existing asbestos management plan from the dutyholder or commission an asbestos survey yourself. Starting work without this information is not just risky — it is a legal breach.
Notifiable and Non-Notifiable Licensable Work
The regulations divide asbestos work into three categories, each with different requirements:
- Licensable work — the highest-risk activities, such as removing asbestos insulation or asbestos insulating board. This work must be carried out by a contractor licensed by the HSE. It must also be notified to the relevant enforcing authority before work begins.
- Notifiable non-licensable work (NNLW) — lower-risk work that does not require a licence but must still be notified to the enforcing authority. Workers must have medical examinations and the employer must keep health records.
- Non-licensable work — the lowest-risk category, such as work with asbestos cement in good condition. A licence is not required, but workers must still be trained and the work must be properly managed.
Misclassifying work — treating licensable activities as non-licensable — is one of the most common compliance failures in the construction sector. If you are unsure which category applies, seek specialist advice before proceeding.
The Legal Requirements for Asbestos: What Construction Companies Must Do
Meeting the legal requirements for asbestos as a construction company involves several distinct obligations. These are not suggestions or best practice guidelines — they are legal duties enforceable by the HSE and local authorities.
1. Commission the Right Survey Before Work Starts
There are two main types of asbestos survey, as set out in HSG264, the HSE’s guidance document on asbestos surveying:
- Management survey — identifies ACMs that could be disturbed during normal occupation and routine maintenance.
- Refurbishment and demolition survey — required before any refurbishment or demolition work. This is a more intrusive survey that locates all ACMs in the areas to be worked on, including those that are hidden.
For construction work, a refurbishment and demolition survey is almost always required. A management survey alone is not sufficient if your team will be breaking into walls, ceilings, or floors.
Supernova Asbestos Surveys carries out both types of survey across the UK. If you are working in the capital, our asbestos survey London service covers all areas of Greater London with rapid turnaround times. For projects in the North West, our asbestos survey Manchester team is on hand to support pre-construction assessments.
2. Appoint a Competent Responsible Person
Every organisation must designate a responsible person who has the skills, training, and authority to oversee asbestos management. In a small construction firm, this may be the owner or site manager. In larger organisations, it is typically a dedicated health and safety manager.
Competence is not self-declared. The responsible person must have received appropriate training and must understand both the technical and legal requirements that apply to your work. The HSE expects this to be demonstrable — not just assumed.
3. Provide Asbestos Awareness Training
Any worker who could encounter asbestos during their work must receive asbestos awareness training. This is a legal requirement under the Control of Asbestos Regulations, and it applies broadly across the construction trades.
Training must cover:
- The properties of asbestos and its effects on health
- The types of materials that are likely to contain asbestos
- How to avoid disturbing ACMs
- The correct procedures if asbestos is suspected or discovered
- Emergency procedures in the event of accidental disturbance
Training must be refreshed regularly — it is not a one-time exercise. Workers who move between sites and building types may need more frequent updates.
4. Observe the Asbestos Control Limit
The regulations set a control limit for asbestos exposure: 0.1 asbestos fibres per cubic centimetre of air, averaged over a four-hour period. Employers must ensure that workers are not exposed above this level.
In practice, this means using appropriate controls — enclosures, RPE (respiratory protective equipment), and wet methods — and carrying out air monitoring where required. For licensable work, air monitoring is mandatory.
5. Develop and Maintain an Asbestos Management Plan
Where ACMs are present in a building you are responsible for, a written asbestos management plan must be in place. This plan must be reviewed and updated regularly — at least annually, and whenever circumstances change.
The plan should detail the location and condition of all known ACMs, the actions being taken to manage them, and the procedures to follow if they are disturbed. It must be shared with anyone who could be affected, including contractors working on the building.
CDM Regulations and Asbestos on Construction Projects
The Construction (Design and Management) Regulations — commonly known as CDM — add another layer of legal obligation for construction projects. Under CDM, asbestos hazards must be identified and addressed during the pre-construction phase, not discovered during the build.
Principal designers and principal contractors have specific duties to plan, manage, and coordinate health and safety across the project lifecycle. Asbestos surveys and management information must be included in the pre-construction health and safety information passed to the principal contractor before work begins.
Failing to integrate asbestos management into CDM planning is a common gap — and one that the HSE increasingly scrutinises during inspections.
Penalties for Non-Compliance
The consequences of failing to comply with asbestos regulations are serious. The HSE has wide enforcement powers, and it uses them.
- Improvement notices — requiring specific actions within a set timeframe
- Prohibition notices — stopping work immediately until compliance is achieved
- Prosecution — for serious breaches, companies and individuals can face prosecution in the magistrates’ court or Crown Court
Fines for asbestos offences in the magistrates’ court can reach £20,000. In the Crown Court, fines are unlimited. Individuals — including directors and site managers — can face up to two years’ imprisonment for the most serious breaches under COSHH regulations.
Beyond the legal penalties, the reputational damage of an asbestos enforcement action can be severe. Clients, insurers, and public sector procurement teams will scrutinise your compliance record.
What to Do If Asbestos Is Discovered Unexpectedly
Even with a thorough survey in place, unexpected discoveries happen. If your team suspects they have encountered asbestos — or if a material has already been disturbed — the immediate steps are:
- Stop work immediately in the affected area
- Prevent anyone else from entering the area
- Do not attempt to clean up disturbed material without specialist guidance
- Notify the site manager or responsible person immediately
- Arrange for a sample to be taken and analysed by an accredited laboratory
- Do not resume work until the material has been identified and appropriate controls are in place
The worst decision in this situation is to continue working and hope for the best. Disturbing even a small quantity of certain asbestos types can create a significant exposure risk for everyone in the vicinity.
Asbestos Removal: When and How It Must Be Done
Not all ACMs need to be removed immediately. The decision to remove or manage in place depends on the type of asbestos, its condition, and whether it is likely to be disturbed by the planned work. However, when removal is necessary, it must be carried out correctly.
For licensable materials, only an HSE-licensed contractor can carry out the removal. Our asbestos removal service is delivered by fully licensed professionals who operate in compliance with all regulatory requirements, from notification through to waste disposal.
Asbestos waste is classified as hazardous waste and must be double-bagged, correctly labelled, and transported to a licensed disposal facility. Fly-tipping or improper disposal of asbestos waste is a serious criminal offence with significant penalties.
For construction projects in the Midlands, our asbestos survey Birmingham team provides pre-removal surveys and can coordinate with our removal specialists to ensure a seamless process from identification to clearance.
Keeping Records: The Documentation Trail That Protects You
One aspect of asbestos compliance that construction companies sometimes underestimate is the importance of documentation. The law requires specific records to be kept, and those records can be the difference between demonstrating compliance and facing prosecution.
Records you must keep include:
- Asbestos survey reports
- The asbestos management plan and all updates
- Risk assessments for any work involving ACMs
- Training records for all relevant workers
- Health records and medical examination results for workers carrying out NNLW
- Air monitoring results
- Waste transfer notes for asbestos waste disposal
Health records for workers who carry out notifiable non-licensable work must be kept for 40 years. This reflects the long latency period of asbestos-related diseases and the possibility that records may be needed decades after the work was done.
Frequently Asked Questions
What is the duty to manage asbestos and does it apply to construction companies?
The duty to manage is a legal requirement under the Control of Asbestos Regulations, placed on anyone who owns, occupies, or has responsibility for the maintenance of non-domestic premises. For construction companies, this duty applies when you have control over a building — for example, if you are the principal contractor on a refurbishment project. You must take reasonable steps to find out whether ACMs are present, assess their condition, and put a management plan in place before work begins.
Do I need an asbestos survey before every construction project?
For any refurbishment or demolition work on a building constructed before 2000, a refurbishment and demolition survey is a legal requirement. This applies even if a management survey already exists, because a management survey is not sufficiently intrusive to locate all ACMs that may be disturbed during construction work. The survey must be carried out by a competent surveyor before work starts — not during the project.
What training do my construction workers need for asbestos?
Any worker who could encounter asbestos during their work must receive asbestos awareness training. This is a legal requirement under the Control of Asbestos Regulations. Workers who carry out non-licensable or notifiable non-licensable work need additional category-specific training. Training must be refreshed regularly and records must be kept. Simply issuing a leaflet or showing a video does not meet the legal standard for training.
Can I remove asbestos myself as a construction contractor?
It depends on the type and condition of the asbestos. Some lower-risk, non-licensable work — such as removing a small amount of asbestos cement in good condition — can be carried out without an HSE licence, provided workers are trained and proper controls are in place. However, the removal of higher-risk materials such as asbestos insulation, asbestos insulating board, or asbestos lagging must only be carried out by an HSE-licensed contractor. Attempting to remove licensable materials without a licence is a criminal offence.
What happens if asbestos is found unexpectedly during construction work?
Work must stop immediately in the affected area. The area should be secured to prevent access, and no attempt should be made to clean up any disturbed material. The responsible person must be notified straight away, and a sample should be taken for laboratory analysis before work resumes. The HSE must be notified if the unexpected discovery results in any exposure above the control limit. Continuing to work in an area where asbestos has been disturbed is both dangerous and illegal.
Talk to Supernova Asbestos Surveys
Supernova Asbestos Surveys has completed over 50,000 surveys across the UK, working with construction companies, property managers, and building owners to ensure full legal compliance. Whether you need a refurbishment and demolition survey before breaking ground, ongoing asbestos management support, or a licensed removal service, our team has the expertise to help.
Do not leave asbestos compliance to chance. Call us on 020 4586 0680 or visit asbestos-surveys.org.uk to discuss your project requirements with one of our specialists.