Key UK Asbestos Regulations Explained
Asbestos regulations in the UK are comprehensive and designed to protect people from the dangers of asbestos exposure. This guide breaks down the essential regulations that property owners, landlords, and duty holders need to understand.
Legal Responsibility
Non-compliance with asbestos regulations can result in significant penalties, including fines and, in serious cases, imprisonment. Understanding your legal obligations is essential.
Control of Asbestos Regulations 2012 (CAR 2012)
This is the primary legislation governing asbestos management in the UK, replacing earlier regulations. Key requirements include:
- A duty to manage asbestos in non-domestic premises
- Risk assessment requirements before work with potential asbestos exposure
- Different categories of asbestos work and associated requirements
- Training requirements for anyone who might encounter asbestos
- Notification of certain types of asbestos work to the relevant enforcing authority
An asbestos register is a key requirement for commercial property owners
Who is the "Duty Holder"?
Under CAR 2012, the "duty holder" is responsible for managing asbestos risks. This is typically:
- The owner of non-domestic premises
- The person who has clear responsibility for maintenance through a tenancy agreement or contract
- In some cases, the duty may be shared between multiple parties
For domestic properties, while the full duty to manage doesn't apply, other aspects of the regulations remain relevant for any work activities.
The Asbestos Management Process
If you're responsible for a non-domestic property, you must:
- Find out if asbestos is present through an appropriate survey
- Assess the risk from any asbestos present
- Prepare a management plan detailing how the risk will be managed
- Implement the plan by taking appropriate steps
- Review and update the plan regularly
- Provide information to anyone who might work on or disturb materials
Asbestos Work Categories
The regulations define different categories of asbestos work, each with specific requirements:
Licensed Work
Work that:
- Involves higher-risk materials (e.g., pipe insulation, sprayed coatings)
- Requires HSE license
- Needs notification 14 days before work starts
- Requires medical surveillance and record keeping
Non-Licensed Work
Work that:
- Involves lower-risk materials
- Has shorter duration
- May still require some precautions
- May be further classified as NNLW (Notifiable Non-Licensed Work)
Notifiable Non-Licensed Work (NNLW)
This is a subset of non-licensed work that requires notification to the relevant enforcing authority, medical surveillance, and record keeping. It applies to work where exposure is sporadic and of low intensity but may exceed the control limit.
Regulations for Homeowners
While private homeowners have fewer direct obligations under CAR 2012, it's still important to understand that:
- You must not carry out work that may disturb asbestos without proper precautions
- DIY removal of certain asbestos materials (especially those requiring licensed work) is illegal
- Contractors working in your home must comply with the regulations
- Proper disposal of asbestos waste is governed by hazardous waste regulations
Regulations for Landlords
If you're a landlord of residential property, you should:
- Identify asbestos-containing materials before letting the property
- Ensure any necessary work is carried out safely and legally
- Provide information to tenants about known asbestos materials
- Consider the implications under the Housing Health and Safety Rating System (HHSRS)
Need Help with Asbestos Compliance?
Our team can assist with surveys, management plans, and ensuring you meet all regulatory requirements.
Contact Our ExpertsConstruction Design and Management Regulations 2015 (CDM 2015)
These regulations overlap with CAR 2012 for construction projects. Key requirements include:
- Pre-construction information must include asbestos survey results
- A construction phase plan must address any asbestos risks
- The principal designer must ensure asbestos risks are properly managed
- Health and safety files must include information about asbestos
Hazardous Waste Regulations
Asbestos waste is classified as hazardous waste and must be:
- Double-bagged in UN-approved packaging with appropriate hazard markings
- Transported by a registered waste carrier
- Disposed of at a licensed disposal site
- Accompanied by a waste consignment note, kept for at least 3 years
Recent and Upcoming Changes
Asbestos regulations continue to evolve. Recent developments include:
- Increased focus on asbestos in schools and public buildings
- Greater emphasis on sampling and analysis standards
- Updates to guidance on work with textured coatings
- Enhanced enforcement of notification requirements for NNLW
Consequences of Non-Compliance
Failure to comply with asbestos regulations can result in:
- Prohibition notices stopping work immediately
- Improvement notices requiring changes within a specified period
- Fines of up to £20,000 in Magistrates' Court cases
- Unlimited fines in Crown Court cases
- Imprisonment for up to two years in serious cases
- Disqualification of company directors
Conclusion
Navigating UK asbestos regulations may seem daunting, but understanding your responsibilities is essential for legal compliance and protecting health. When in doubt, seek professional advice from licensed asbestos specialists like Amiantogone.
Our team can help you understand your obligations, conduct necessary surveys, prepare management plans, and ensure all work is carried out in compliance with current regulations.
