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Control of Asbestos Regulations 2012 — the duty to manage
Asbestos was widely used in UK buildings until it was finally banned in 1999. Any non-domestic building built or refurbished before 2000 is presumed to contain asbestos until proved otherwise. The Control of Asbestos Regulations 2012 set out who is responsible and what they must do.
Who holds the duty to manage?
Whoever has responsibility for the maintenance and repair of non-domestic premises holds the duty to manage asbestos. That's typically the building owner, freeholder, landlord or — under a full repairing lease — the tenant. The duty cannot be contracted away by a clause that conflicts with maintenance responsibility.
Surveys — management vs refurb / demolition
Two survey types exist:
- Management survey — locates and assesses the condition of asbestos that could be disturbed by normal occupancy or maintenance. The baseline for the asbestos register.
- Refurbishment and demolition survey — intrusive, required before any work that could disturb the fabric of the building. Areas surveyed must be vacated.
The asbestos register and management plan
A written register must be kept of asbestos location, type and condition, with the management plan setting out who is responsible, how it will be monitored, when it will be reinspected (typically every 6–12 months) and the triggers for remedial action. Contractors must see the register before any work that could disturb the building fabric.
Licensed vs notifiable non-licensed vs non-licensed work
Work that disturbs asbestos is classified by risk:
- Licensed work — high-risk (e.g. removal of sprayed coatings, insulating board over a threshold). Only HSE-licensed contractors. Medical surveillance, air monitoring and notification to HSE required.
- Notifiable non-licensed work (NNLW) — work below the licensable threshold but above the lowest tier. Must be notified to HSE, with brief written records and health records for workers.
- Non-licensed work — short-duration, lower-risk maintenance work. No notification required, but training, planning and proper RPE still mandatory.
Awareness training
Anyone whose work could foreseeably expose them to asbestos must have asbestos awareness training (UKATA, IATP or equivalent). Refresher training is recommended annually. This applies to general maintenance staff, electricians, plumbers, joiners, telecoms engineers — not just removal contractors.