If you are responsible for a building in the UK, asbestos is your legal responsibility, this is set out clearly in the Control of Asbestos Regulations 2012. The law requires duty holders to identify asbestos, assess the risk and manage it properly.
At CHART Survey Solutions, we like to keep things simple. Here are what the legal requirements mean in practice.
If a building was built or refurbished before 2000 then you should assume asbestos may be present until you have required evidence to prove otherwise.
This rule applies across the UK, and it is the starting point for deciding what survey you will need.
Who is responsible?
The legal responsibility sits with the duty holder of the building which could be the building owner, landlord or managing agent.
The duty holder must take reasonable steps to find out if asbestos is present, keep an up-to-date record of its location and condition, assess the risk of exposure, put a management plan in place and inform anyone who could possibly disturb such as contractors.
When do you legally need an Asbestos Survey?
An asbestos survey is often the first step in meeting your legal obligations.
A management survey is required for most non-domestic buildings that are occupied. Its purpose is to identify asbestos containing materials that could be disturbed during routine maintenance.
A refurbishment and Demolition Survey is required before any refurbishment or demolition takes place on the building. This is because this survey is designed to locate asbestos in areas that will be disturbed during planned work.
A pre-purchase asbestos survey isn’t a strict legal requirement; however, it is strongly advised when buying a property built before 2000.
If asbestos is present and you are unaware, this can lead to unexpected costs and potential legal issues later.
Starting a refurbishment without the correct survey can expose workers to asbestos fibres and result in legal consequences.
Provide Clear Records
The regulations require you to keep an up-to-date record of the location and condition of asbestos containing materials. A complaint asbestos survey report must support this obligation.
The report should include
- Clear descriptions of each material identified
- Precise locations within the building
- Photographs where appropriate
- Details of the materials condition
This information is the basis of your asbestos register. It must be detailed enough so that maintenance teams and contractors avoid disturbing it during their work.
If records are unclear or incomplete, you will possibly struggle to demonstrate compliance if you are challenged by the Health and Safety Executive.
What happens after the survey?
If asbestos is identified, it does not always need to be removed. The regulations require you to:
- Keep an up-to-date asbestos register
- Prepare and implement an asbestos management plan
- Inform anyone who may disturb the materials
- Monitor their condition overtime.
Removal is only required when the material is damaged, high-risk or likely to be disturbed.
Summary
The legal requirement is clear, if you control or manage a building you must manage asbestos risk properly.
The right survey that is continued with proper records and a clear management plan. This is why here at Chart Survey Solutions; we will help you get your asbestos survey completed within the legal requirements.