The Control of Asbestos Regulations 2012
The Control of Asbestos Regulations 2012 is the primary legislation governing asbestos management in UK commercial properties. These regulations place specific duties on those responsible for non-domestic premises to manage asbestos-containing materials (ACMs) effectively.
Who is the "Duty Holder"?
The "duty holder" is typically the person or organization with responsibility for maintaining or repairing non-domestic premises. This could be:
- The building owner
- The leaseholder
- A management company
- Anyone with contractual maintenance responsibilities
If there's a tenancy agreement or contract that assigns responsibility for maintenance, the duty holder will be the party with these obligations. In multi-tenanted buildings, responsibilities may be shared between different parties.
Key Responsibilities of Duty Holders
Under the regulations, duty holders must:
- Identify asbestos presence - Take reasonable steps to determine whether asbestos is present and its condition
- Maintain an asbestos register - Record the location and condition of asbestos or presumed asbestos in the building
- Assess the risk - Evaluate the risk of anyone being exposed to asbestos fibers
- Create an asbestos management plan - Develop and implement a plan to manage identified risks
- Regularly review and update - Ensure the management plan remains current and effective
- Provide information - Make information about asbestos location and condition available to anyone who might work on or disturb it
Asbestos Surveys for Commercial Buildings
To comply with regulations, most commercial buildings require an asbestos survey. The Health and Safety Executive (HSE) recognizes two main types:
Management Survey
This is the standard survey required for ongoing asbestos management. It aims to:
- Locate, as far as reasonably practicable, the presence of any ACMs
- Assess their condition
- Estimate the likelihood of fibers being released during normal occupancy
Refurbishment and Demolition Survey
This more intrusive survey is required before any refurbishment or demolition work. It aims to:
- Locate and identify all ACMs before major work begins
- Involve destructive inspection to gain access to all areas
- Be comprehensive in scope, covering the entire work area
The Asbestos Management Plan
An essential component of compliance is the asbestos management plan. This document should:
- Clearly identify ACM locations with floor plans
- Detail the condition of all ACMs
- Include risk assessments for each identified ACM
- Outline management strategies for each area
- Include a timetable for monitoring and reviews
- Specify responsible persons and their duties
- Detail emergency procedures for fiber release
Working with Asbestos in Commercial Settings
Work involving asbestos in commercial buildings is strictly regulated:
- Licensed work - Higher risk activities must be carried out by HSE-licensed contractors
- Notifiable non-licensed work (NNLW) - Certain work requires notification to the relevant enforcing authority
- Non-licensed work - Lower risk work that still requires specific controls and training
Training Requirements
Anyone who might disturb asbestos during their work must receive appropriate training:
- Awareness training - For maintenance staff and others who might encounter ACMs
- Task-specific training - For those conducting non-licensed work
- Licensed contractor training - Comprehensive training for those carrying out licensed work
Penalties for Non-Compliance
Failure to comply with asbestos regulations can result in:
- Improvement and prohibition notices
- Fines of up to £20,000 in magistrates' courts
- Unlimited fines in crown courts
- Imprisonment for serious breaches
- Disqualification of directors
- Reputational damage
Future Developments in Asbestos Regulation
The regulatory landscape continues to evolve, with increasing emphasis on:
- Digital record-keeping and asbestos registers
- Integration with Building Information Modeling (BIM)
- More stringent control measures for certain ACMs
- Enhanced requirements for asbestos removal during building renovation
Conclusion
Compliance with asbestos regulations is not optional for commercial building duty holders. Beyond the legal requirements, proper asbestos management protects building occupants, visitors, and workers from potentially deadly exposure.
For comprehensive asbestos management services that ensure full regulatory compliance, contact our team of certified asbestos professionals.
