Why Is Asbestos Not Covered by the COSHH Regulations — And What Actually Governs It?
If you’ve ever asked why is asbestos not covered by the COSHH regulations, you’re far from alone — and the answer matters considerably more than most property managers realise. It’s one of the most persistent points of confusion in UK asbestos compliance, and getting it wrong can leave duty-holders seriously exposed, both legally and in terms of genuine health risk.
Asbestos is touched upon by COSHH, but it is primarily governed by its own dedicated legislation: the Control of Asbestos Regulations. Understanding why that distinction exists, what each framework actually requires, and what your responsibilities are as a duty-holder is essential if you manage, own, or work in any building constructed before 2000.
The Relationship Between COSHH and Asbestos Regulations
The Control of Substances Hazardous to Health Regulations — universally known as COSHH — set out a general framework for managing hazardous substances in the workplace. They require employers to assess the risk of exposure to harmful substances and put appropriate control measures in place.
Asbestos is, without question, a hazardous substance. So why isn’t it simply managed under COSHH like other workplace hazards?
Asbestos Is Specifically Excluded From Full COSHH Coverage
The COSHH Regulations explicitly exclude certain substances that are already covered by more specific legislation. Asbestos is one of them. Because the risks associated with asbestos are so severe and so well-documented, the UK government introduced dedicated regulations — the Control of Asbestos Regulations — to govern it with a level of precision and rigour that a general framework simply cannot provide.
COSHH still applies in a supporting role. Employers carrying out any work that may disturb asbestos must still conduct risk assessments consistent with COSHH principles. But the primary legal framework — the one that sets out specific duties, licensing requirements, exposure limits, and management obligations — is the Control of Asbestos Regulations.
Why Asbestos Needed Its Own Dedicated Regulations
Asbestos is not like most workplace hazards. Its fibres are microscopic, invisible to the naked eye, and capable of remaining suspended in the air for hours after disturbance. The diseases it causes — mesothelioma, asbestosis, and asbestos-related lung cancer — can take between 20 and 50 years to develop after initial exposure.
That combination of invisibility, extraordinarily long latency, and the sheer scale of its historical use across UK construction meant a generic hazardous substances framework was never going to be sufficient. Dedicated legislation was needed to address the unique challenges asbestos presents, and that legislation is what duty-holders must understand and comply with today.
The Scale of the Problem in UK Buildings
Asbestos was used extensively across UK construction for most of the twentieth century. It appeared in everything from industrial plants and power stations to schools, hospitals, offices, and ordinary residential homes. It wasn’t fully banned until 1999, which means any building constructed, refurbished, or extended before that date could contain asbestos-containing materials (ACMs).
Common locations where ACMs are found include:
- Ceiling tiles and textured coatings such as Artex
- Floor tiles and their adhesives
- Pipe lagging and boiler insulation
- Roof sheets and soffit boards
- Partition walls and fire doors
- Gutters, downpipes, and older cement rainwater goods
A 1970s semi-detached house is just as likely to contain asbestos insulating board in its airing cupboard as an industrial unit is to have it around its pipework. The scale of the problem is precisely why a bespoke regulatory framework was required — and why the question of why is asbestos not covered by the COSHH regulations deserves a clear, considered answer rather than a dismissive one.
What the Control of Asbestos Regulations Actually Require
The Control of Asbestos Regulations is the cornerstone of UK asbestos law. It places a legal duty to manage asbestos on anyone who owns, manages, or has control over non-domestic premises. This is known as the “duty to manage” — and it is not optional.
The Duty to Manage
Under the duty to manage, responsible persons must take reasonable steps to find out whether ACMs are present in their premises, assess the risk those materials pose, and produce a written management plan that is actively maintained and followed.
The key obligations include:
- Commissioning an asbestos survey before any refurbishment or demolition work begins
- Maintaining an up-to-date asbestos register and management plan
- Informing anyone who may disturb ACMs of their location and condition
- Using licensed contractors for high-risk asbestos work, including removal of sprayed coatings, lagging, and asbestos insulating board
- Ensuring notifiable non-licensed work (NNLW) is properly supervised, notified to the relevant enforcing authority, and recorded
- Arranging regular re-inspections to monitor the condition of known ACMs
Licensing and Enforcement
Not all asbestos work requires a licence, but the most hazardous types do. The Health and Safety Executive (HSE) maintains a register of licensed asbestos removal contractors, and using an unlicensed contractor for licensable work is a criminal offence.
The HSE enforces asbestos regulations across most workplaces. Local authorities cover certain premises including retail and hospitality. Breaches can result in improvement notices, prohibition notices, prosecution, and unlimited fines — the stakes of non-compliance are significant.
Common Misconceptions About Asbestos Regulations in the UK
The confusion around why is asbestos not covered by the COSHH regulations is just one of many misunderstandings that circulate among property managers, landlords, and business owners. Here are the most persistent myths — and the reality behind each one.
Myth: Asbestos Must Be Removed Immediately When Found
This misconception causes unnecessary disruption — and sometimes creates more risk than it prevents. The law does not require immediate removal of all asbestos. Under the Control of Asbestos Regulations, the duty to manage means assessing the risk ACMs pose, not automatically removing them.
If ACMs are in good condition, are not likely to be disturbed, and are properly managed, they can often be left safely in place. Disturbing asbestos unnecessarily is what releases fibres into the air. The right approach is:
- Commission a management survey to identify and assess ACMs
- Have a qualified surveyor determine the condition and risk level
- Put a written asbestos management plan in place
- Monitor ACMs through regular re-inspection survey visits
- Proceed with asbestos removal only when materials are damaged, deteriorating, or when refurbishment or demolition is planned
Myth: Some Types of Asbestos Are Safe
There are six types of asbestos. The three most commonly encountered in UK buildings are chrysotile (white), amosite (brown), and crocidolite (blue). All of them are classified as human carcinogens. All of them are banned in the UK.
The idea that chrysotile is “safer” has been used historically to justify continued use in other countries. It has no legal or scientific standing in the UK. There is no safe type of asbestos and no safe level of exposure — this is the foundation on which UK regulation is built.
Myth: Short-Term or Low-Level Exposure Is Harmless
While the risk of developing an asbestos-related disease does increase with the level and duration of exposure, no threshold has been established below which exposure is considered completely safe. Diseases caused by asbestos exposure can have a latency period of 20 to 50 years.
Someone exposed during a single refurbishment project decades ago may not develop symptoms until much later. This long latency period is also why asbestos-related deaths remain tragically high in the UK despite the ban that came into force in 1999.
Myth: Asbestos Only Affects Construction Workers
Historically, the highest rates of exposure have been among tradespeople — plumbers, electricians, carpenters, and demolition workers — who regularly disturbed ACMs without knowing the risks. But asbestos-related diseases are not limited to those with direct occupational exposure.
Secondary exposure — also called para-occupational exposure — occurs when people come into contact with fibres carried home on work clothing. Family members who washed contaminated overalls have developed mesothelioma as a result. Anyone in a building where ACMs are disturbed without proper controls can be at risk, including teachers, office workers, and building occupants.
Myth: Modern Buildings Are Always Asbestos-Free
Any building constructed from 2000 onwards should be free of asbestos in its original build materials, provided compliant materials were used throughout. For those buildings, the risk is extremely low.
However, extensions or refurbishments carried out on previously ACM-containing structures can re-expose materials. Buildings assembled using salvaged materials, or properties where previous renovation work was carried out without due diligence, may also have unexpected contamination. If you don’t have a full documented survey, commissioning one is the only reliable way to confirm the position.
What Type of Asbestos Survey Do You Need?
Commissioning the wrong type of survey can leave you legally exposed. The three main survey types serve different purposes, and understanding which one applies to your situation is essential. All surveys must be carried out by competent, trained surveyors working in accordance with HSG264 — the HSE’s guidance document for asbestos surveying.
Management Survey
A management survey is required for the ongoing management of a building in normal occupation. It identifies the location, condition, and extent of ACMs that could be disturbed during routine maintenance or cleaning.
This is the standard survey for most non-domestic premises and forms the basis of your asbestos register and management plan. Without one, you cannot demonstrate compliance with the duty to manage.
Refurbishment Survey
A refurbishment survey is required before any refurbishment work begins. It is more intrusive than a management survey and involves accessing all areas that will be affected by the planned work. This survey must be completed before work starts — not during it.
Demolition Survey
A demolition survey is required before any demolition work takes place. Like a refurbishment survey, it is fully intrusive and must identify all ACMs in the structure before any demolition activity begins. Failing to commission one before demolition is a serious breach of the Control of Asbestos Regulations.
Re-Inspection Survey
Asbestos management plans should be reviewed regularly, and ACMs should be re-inspected at least annually to check their condition hasn’t changed. A re-inspection survey updates your existing asbestos register and management plan, ensuring your documentation remains accurate and legally defensible.
Asbestos Testing — When You Need Confirmation
Visual identification of suspected ACMs is not reliable. Many materials that look like they could contain asbestos don’t, and vice versa. Laboratory analysis of samples is the only way to confirm the presence and type of asbestos in a material.
If you’ve had work carried out and you’re concerned a material may have been disturbed, or if you want to check a specific material before commissioning a full survey, asbestos testing is an efficient and cost-effective first step.
Supernova offers an asbestos testing kit that allows you to safely collect samples yourself, which are then sent for analysis at an accredited laboratory. Results are fast, reliable, and fully documented — giving you the confirmation you need before deciding on next steps.
For those who prefer a fully managed approach, our professional asbestos testing service sends a qualified surveyor to collect samples on your behalf, removing any uncertainty about correct sampling technique and chain of custody.
How the COSHH and Asbestos Regulations Work Together in Practice
Understanding why is asbestos not covered by the COSHH regulations in full doesn’t mean COSHH is irrelevant to asbestos management. In practice, the two frameworks interact in several important ways.
When a contractor is planning work that may disturb ACMs, they are required to prepare a plan of work under the Control of Asbestos Regulations. That plan of work draws on risk assessment principles that are consistent with COSHH — assessing the nature and extent of the risk, identifying control measures, and ensuring workers are appropriately protected.
Employers also retain general COSHH duties in relation to other hazardous substances that may be present alongside asbestos — for example, silica dust or chemical treatments used during remediation work. The two regulatory frameworks run in parallel rather than in opposition.
The critical point is that when it comes to asbestos specifically, the Control of Asbestos Regulations take precedence. They set out the specific exposure limit — the control limit — which must not be exceeded, the requirements for respiratory protective equipment, the standards for enclosures and air monitoring, and the specific obligations around waste disposal. COSHH cannot and does not replicate that level of specificity for asbestos.
Your Responsibilities as a Duty-Holder
If you manage or have control over a non-domestic premises, the duty to manage asbestos sits squarely with you. That duty cannot be delegated away by hiring a contractor — you remain responsible for ensuring the right surveys are commissioned, the right records are kept, and the right information is shared with anyone who may work on the building.
Practically speaking, your responsibilities include:
- Knowing what’s in your building. Commission the appropriate survey type for your situation. If you don’t have a current asbestos register, that is your starting point.
- Maintaining accurate records. Your asbestos management plan must be kept up to date and made available to contractors before any work begins.
- Acting on deterioration. If a re-inspection identifies ACMs in declining condition, you must act — whether that means encapsulation or removal.
- Using competent contractors. For licensable work, only HSE-licensed contractors may be used. For all asbestos survey work, surveyors should hold the appropriate BOHS qualifications or equivalent.
- Training your staff. Anyone who may encounter asbestos in their work — including facilities managers, maintenance staff, and contractors — should have appropriate asbestos awareness training.
If you’re based in London and need a survey carried out quickly by an experienced team, our asbestos survey London service covers the full capital and surrounding areas with rapid turnaround times.
Frequently Asked Questions
Why is asbestos not covered by the COSHH regulations in the same way as other hazardous substances?
Asbestos is explicitly excluded from full COSHH coverage because it is governed by its own dedicated legislation — the Control of Asbestos Regulations. The unique severity of asbestos-related diseases, combined with the long latency period and the scale of its historical use in UK buildings, meant that a general hazardous substances framework was insufficient. The Control of Asbestos Regulations provide specific duties, exposure limits, licensing requirements, and management obligations that COSHH cannot replicate for this particular substance.
Does COSHH apply to asbestos work at all?
COSHH applies in a supporting capacity. Employers planning work that may disturb asbestos must carry out risk assessments consistent with COSHH principles, and COSHH duties remain relevant for other hazardous substances that may be present during the same work. However, the primary legal framework governing asbestos — including the specific control limit, licensing requirements, and management duties — is the Control of Asbestos Regulations, not COSHH.
What happens if I don’t comply with the Control of Asbestos Regulations?
Non-compliance can result in enforcement action by the HSE or local authority, including improvement notices, prohibition notices, prosecution, and unlimited fines. Beyond the legal consequences, failing to manage asbestos properly puts building occupants, maintenance workers, and contractors at genuine risk of exposure to a known carcinogen. The duty to manage is a legal obligation, not a best-practice recommendation.
Do I need an asbestos survey if my building was built after 2000?
Buildings constructed entirely after 1999 using compliant materials are unlikely to contain asbestos in their original structure. However, if the building was constructed on a site that previously contained older structures, or if any refurbishment work has been carried out using salvaged materials, there may be residual risk. If you cannot confirm the full construction and refurbishment history of a building, commissioning a survey is the only way to be certain.
What is the difference between a management survey and a refurbishment survey?
A management survey is carried out in a building during normal occupation and identifies ACMs that could be disturbed during routine maintenance. A refurbishment survey is more intrusive and is required before any planned refurbishment work begins — it must cover all areas affected by the proposed work and is completed before work starts, not during it. Using the wrong survey type for your situation can leave you non-compliant with the Control of Asbestos Regulations.
Speak to Supernova Asbestos Surveys
With over 50,000 surveys completed nationwide, Supernova Asbestos Surveys has the experience and accreditation to help you understand your obligations and meet them fully. Whether you need a management survey, a refurbishment or demolition survey, laboratory testing, or professional guidance on your asbestos management plan, our team is ready to help.
Call us on 020 4586 0680 or visit asbestos-surveys.org.uk to find out more or book your survey today.