What the Control of Asbestos Regulations Requires Employers to Do — and Why Getting It Wrong Is Costly

Asbestos still kills around 5,000 people every year in the UK — more than any other single work-related cause of death. The fibres are invisible, the diseases take decades to develop, and by the time symptoms appear, it is too late. That is precisely why the Control of Asbestos Regulations requires employers to take active, documented steps to protect workers and anyone else who enters their premises.

If you manage, own, or have any degree of control over a non-domestic building, this legislation applies to you directly. Ignorance is not a defence the Health and Safety Executive (HSE) is known to accept, and the consequences of non-compliance range from substantial fines to criminal prosecution.

Here is what the law demands — and what you need to do about it.

The Legal Framework: Which Regulations Apply?

Asbestos management in the UK sits within a layered legal framework. Each piece of legislation reinforces the others, and employers are expected to comply with all of them simultaneously.

The Control of Asbestos Regulations

This is the primary legislation. The Control of Asbestos Regulations requires employers to identify asbestos-containing materials (ACMs), assess the risk they pose, and put a management plan in place to control that risk. Regulation 4 specifically places a “duty to manage” on those responsible for non-domestic premises — this includes landlords, facilities managers, and employers who occupy buildings they do not own.

The regulations also set out licensing requirements for higher-risk asbestos work, notification duties before certain activities begin, and strict controls on how asbestos work must be carried out.

HSG264 — The HSE’s Survey Guide

HSG264 is the HSE’s definitive guidance document on how asbestos surveys should be conducted. It defines the two main survey types — management surveys and refurbishment/demolition surveys — and sets out the standards surveyors must meet. Any survey your organisation commissions should be carried out in line with HSG264 to be legally defensible.

The Health and Safety at Work Act

This overarching legislation requires employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of all employees. Asbestos management falls squarely within this duty. Failure to manage asbestos can constitute a breach of this Act as well as the specific asbestos regulations.

COSHH Regulations

The Control of Substances Hazardous to Health Regulations apply to asbestos because asbestos fibres are a hazardous substance. Employers must assess the risk of exposure and implement appropriate control measures — including air monitoring where required.

RIDDOR

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations require employers to report incidents involving asbestos exposure to the HSE. This includes cases of mesothelioma and asbestosis diagnosed in workers, as well as dangerous occurrences during asbestos work.

Construction Design and Management (CDM) Regulations

If your premises are subject to any construction, refurbishment, or demolition work, the CDM Regulations require that asbestos surveys are completed before work begins. Principal designers and contractors must take asbestos risks into account during the planning phase.

What the Control of Asbestos Regulations Requires Employers to Do: The Core Duties

Let us be direct about what the law actually demands. The Control of Asbestos Regulations requires employers to fulfil a specific set of obligations — not as optional best practice, but as legal duties.

1. Identify Asbestos-Containing Materials

You cannot manage what you do not know about. Employers must arrange for a thorough survey of their premises to identify any ACMs, record their location, and assess their condition. For occupied buildings, this means commissioning a management survey carried out by a qualified surveyor.

A management survey is designed to locate ACMs in the areas of the building that are normally occupied and likely to be disturbed during routine maintenance. It is the starting point for all asbestos management activity.

2. Assess the Risk

Identifying asbestos is only the first step. Employers must then assess the risk each ACM poses — taking into account its condition, its location, and the likelihood that it will be disturbed.

A sealed, intact asbestos ceiling tile in a rarely accessed plant room presents a very different risk profile from damaged pipe lagging in a busy corridor. The risk assessment must be documented and kept up to date, as it forms the basis for all subsequent management decisions.

3. Produce and Maintain an Asbestos Register

The asbestos register is the central record of all ACMs identified in a building. It must include the location, type, condition, and risk rating of each material. The register must be kept on-site, made accessible to contractors and maintenance workers before they begin any work, and updated whenever new information comes to light.

Handing a contractor an out-of-date or incomplete register is a compliance failure — and could result in workers being exposed to fibres they had no reason to expect were present.

4. Develop an Asbestos Management Plan

Every duty holder must have a written asbestos management plan. This document sets out how identified ACMs will be managed — whether they will be left in place and monitored, repaired, encapsulated, or removed.

The plan must specify who is responsible for each action and set timescales for review. It should be reviewed and updated regularly — typically every six to twelve months, or sooner if conditions change or new ACMs are discovered.

5. Carry Out Regular Re-Inspections

ACMs left in place must be monitored over time. Their condition can deteriorate due to age, accidental damage, or changes in how the building is used. A periodic re-inspection survey allows you to track any changes and update your risk assessment accordingly.

Skipping re-inspections is one of the most common compliance gaps — and one the HSE takes seriously. If your last re-inspection was more than twelve months ago, you are likely overdue.

6. Ensure Workers Are Informed and Trained

Anyone who might disturb ACMs in the course of their work — maintenance staff, electricians, plumbers, decorators — must receive adequate information, instruction, and training. This includes awareness of where asbestos is located in the building, how to recognise it, and what to do if they suspect they have disturbed it.

Training must be appropriate to the level of risk and the type of work being carried out, and it must be refreshed regularly. Providing training once and never revisiting it is not sufficient.

7. Control Work That Disturbs Asbestos

If any planned work is likely to disturb ACMs — such as a refurbishment, fit-out, or renovation project — a refurbishment survey must be carried out before work begins. This is a more intrusive survey than a management survey and covers all areas that will be affected by the planned works.

For projects involving the complete demolition of a structure, a demolition survey is required. This is the most thorough survey type and must be completed before any demolition activity commences.

Higher-risk asbestos work — such as removing asbestos insulation board or sprayed coatings — must only be carried out by a licensed contractor. Employers must not allow unlicensed workers to undertake notifiable non-licensed work (NNLW) without proper controls in place.

8. Stop Work and Report Unexpected Discoveries

If asbestos is discovered unexpectedly during construction or maintenance work, work must stop immediately. The area should be made safe, and specialist advice sought before any further activity takes place. Relevant incidents must be reported under RIDDOR.

Having a clear protocol for unexpected asbestos finds — one that all site workers understand — is not optional. It is a practical necessity that should be part of every site induction.

When Do You Need a Licensed Contractor?

Not all asbestos work requires a licence, but the highest-risk activities do. Licensed asbestos removal contractors (LARCs) must be used for work involving:

• Asbestos insulation
• Asbestos insulation board (AIB)
• Sprayed asbestos coatings
• Any other work where significant fibre release is likely

Some lower-risk tasks fall into the category of notifiable non-licensed work (NNLW). These can be carried out without a licence but must still be notified to the relevant enforcing authority, and health records must be kept for workers involved.

Non-notifiable non-licensed work (NNNLW) covers the lowest-risk activities — such as brief, intermittent work with materials in good condition. Even this category requires proper risk assessment and appropriate controls.

When in doubt, treat the material as if it contains asbestos until proven otherwise. If asbestos removal is required, always verify that the contractor holds a current HSE licence before allowing any work to proceed.

What Happens If You Do Not Comply?

The consequences of failing to meet your legal obligations are serious. The HSE has the power to issue improvement notices, prohibition notices, and unlimited fines. In the most serious cases, individuals — not just companies — can face criminal prosecution and imprisonment.

Beyond the legal penalties, the human cost is significant. Asbestos-related diseases are fatal and incurable. No fine or insurance policy compensates for the harm caused by preventable exposure.

Employers who commission surveys, maintain registers, and follow their management plans are not just ticking boxes — they are actively protecting people’s lives. That distinction matters, and it is one the HSE recognises when assessing culpability following an incident.

Practical Steps to Get and Stay Compliant

If you are not sure where your organisation currently stands, work through this checklist to assess your position:

1. Commission a management survey if you do not already have one for your premises.
2. Review your asbestos register — is it current, complete, and accessible to contractors?
3. Check your management plan — does it reflect the current condition of all ACMs?
4. Schedule re-inspections — when were ACMs last inspected? Are you within the required timeframe?
5. Audit your training records — have all relevant staff and contractors received appropriate asbestos awareness training?
6. Review planned works — does any upcoming maintenance or refurbishment require a refurbishment or demolition survey before it begins?
7. Check your fire risk assessment — a fire risk assessment should also be in place for your premises, and asbestos considerations may be relevant to how fire risks are managed in your building.

If you are unsure whether materials in your building contain asbestos, you can arrange sample testing. A testing kit allows samples to be collected and sent to a UKAS-accredited laboratory for analysis — though for anything beyond straightforward bulk sampling, a qualified surveyor should always be involved.

Understanding Your Duty to Manage: A Closer Look at Regulation 4

Regulation 4 of the Control of Asbestos Regulations is the cornerstone of asbestos management law in the UK. It places the duty to manage asbestos squarely on the “dutyholder” — defined as anyone who has, by contract or tenancy, an obligation to maintain or repair non-domestic premises, or who has control of those premises.

In practice, this means the duty can fall on a building owner, a managing agent, a facilities manager, or an employer who occupies a building under a lease. In some cases, multiple parties share the duty, and it is essential that responsibilities are clearly allocated in writing.

The duty to manage does not disappear simply because a building is old, or because asbestos has always been present without causing obvious problems. The law requires proactive management — not passive acceptance of risk.

If you are uncertain whether you qualify as a dutyholder, the answer is almost certainly yes. Anyone with meaningful control over a non-domestic building should proceed on that assumption and take the appropriate steps.

Asbestos Surveys Across the UK

Supernova Asbestos Surveys operates nationwide, providing fast, professional asbestos surveys for employers, landlords, facilities managers, and property owners. Whether you need a survey for a small office or a large multi-site estate, our BOHS P402-qualified surveyors deliver results that are fully compliant with HSG264 and the Control of Asbestos Regulations.

If you are based in the capital, our team provides a prompt and professional asbestos survey London service, with same-week availability in most cases. For clients in the North West, our asbestos survey Manchester team delivers accurate, timely reports you can rely on. We also serve the Midlands — our asbestos survey Birmingham service covers the city and surrounding areas with the same high standard of reporting.

All samples are analysed at our UKAS-accredited laboratory, and reports are delivered within three to five working days. With over 50,000 surveys completed and more than 900 five-star reviews, we are trusted by employers, housing associations, local authorities, and commercial property managers across the country.

To book a survey or speak to one of our qualified surveyors, call us on 020 4586 0680 or visit asbestos-surveys.org.uk. Do not leave compliance to chance — the Control of Asbestos Regulations requires employers to act, and we are here to help you do exactly that.

Frequently Asked Questions

Does the duty to manage asbestos apply to me if I rent my premises?

Yes, in most cases. The duty to manage under Regulation 4 of the Control of Asbestos Regulations applies to anyone who has control over non-domestic premises — including tenants who are responsible for maintenance and repair under their lease. If your lease gives you responsibility for the fabric of the building, you are likely a dutyholder. Check your lease terms and seek specialist advice if you are unsure.

What is the difference between a management survey and a refurbishment survey?

A management survey is used for occupied buildings and is designed to locate ACMs in areas likely to be disturbed during normal occupation and routine maintenance. A refurbishment survey is more intrusive and is required before any refurbishment, fit-out, or alteration work begins. It covers all areas that will be affected by the planned works and may involve destructive inspection techniques. Neither survey type can substitute for the other.

How often do ACMs need to be re-inspected?

The HSE recommends that ACMs left in place are re-inspected at least annually, though higher-risk materials or more heavily used buildings may warrant more frequent checks. Re-inspections should also be triggered by any event that could affect the condition of ACMs — such as accidental damage, a change in building use, or nearby construction activity.

Can I carry out asbestos work myself, or does it always require a licensed contractor?

It depends on the type of work and the materials involved. The highest-risk activities — including work on asbestos insulation, insulation board, and sprayed coatings — must be carried out by an HSE-licensed contractor. Some lower-risk tasks fall into the notifiable non-licensed work (NNLW) category and can be undertaken without a licence, but must still be notified to the enforcing authority. When in doubt, always consult a qualified specialist before any work begins.

What should I do if asbestos is found unexpectedly during building work?

Work must stop immediately in the affected area. The area should be cordoned off, and no further disturbance should occur until a specialist has assessed the situation. A refurbishment or demolition survey may need to be extended to cover the affected area, and any reportable incidents must be notified to the HSE under RIDDOR. Having a written protocol for unexpected asbestos finds — shared with all contractors before work begins — is essential.