Managing Asbestos in Commercial Buildings: Your Legal Responsibilities
Asbestos was banned in the UK in 1999, but it still exists in many commercial buildings built before 2000. Materials such as insulation boards, ceiling panels, or even floor tiles may contain asbestos, often hidden in plain sight. The real danger comes when these materials are disturbed, releasing harmful fibres into the air. This is why UK law places a “duty to manage” asbestos risks on those responsible for commercial properties.
Who Is the Dutyholder?
The dutyholder is the person or organisation legally responsible for maintaining or repairing a commercial property. This could be:
- The building owner or landlord
- A tenant (depending on lease agreements)
- A managing agent
It’s important to clearly identify who holds this responsibility in your property agreements.
What the Duty to Manage Involves
Under the Control of Asbestos Regulations 2012, dutyholders must:
- Identify or presume asbestos – If your building was constructed before 2000, you must assume asbestos is present unless proven otherwise.
- Keep a written record (asbestos register) – Note where asbestos is located, what type it is, and its condition.
- Assess the risk – Work out how likely asbestos fibres are to be released if the material is disturbed.
- Create and maintain a management plan – Detail how asbestos risks will be controlled, monitored, and reviewed.
- Provide information – Make sure staff, contractors, or anyone working on the building are aware of the risks.
Following these steps helps protect people’s health and ensures compliance with the law.
Surveys You May Need
Surveys are essential for asbestos management:
- Management Survey – Confirms a building is safe for everyday use and forms the basis of your asbestos register.
- Refurbishment Survey – Required before intrusive works (e.g. drilling, strip-outs, refurbishments) to identify hidden asbestos.
Both surveys provide the information you need to plan safely, avoid project delays, and protect workers.
Confirming Asbestos with Lab Testing
A material may look asbestos-free, but the only way to be sure is through testing. Accredited laboratories can confirm the presence of asbestos with reliable results. These results then feed into your asbestos register and management plan.
Ongoing Management and Communication
Managing asbestos doesn’t stop after the first survey. Dutyholders must:
- Keep asbestos registers up to date.
- Inspect known asbestos-containing materials (ACMs) regularly.
- Review and revise management plans as needed.
- Ensure no intrusive work takes place without confirming asbestos risks.
Just as important is communication, making sure anyone who could disturb asbestos has the right information at the right time.
The Risks of Non-Compliance
Failing to manage asbestos can lead to heavy fines or even imprisonment. Enforcement is taken seriously, with property owners and contractors often prosecuted. Compliance not only protects people but also safeguards your reputation and financial interests.
Commercial and Residential Properties
While this guide focuses on commercial buildings, the duty to manage also applies to shared areas of residential buildings, such as stairwells or corridors. If you manage both commercial and residential spaces, you’ll need asbestos surveys for each.
How We Can Help
At Scopus Asbestos Compliance Ltd, we make asbestos compliance straightforward and cost-effective. Our services include:
- Management and refurbishment surveys
- Independent lab testing through accredited partners
- Clear asbestos registers and management plans
- Re-inspections and compliance reviews
- Training and information sharing for staff and contractors
With our support, you can be confident your property is safe, compliant, and ready for inspection.
Final Word
Asbestos is a hidden risk in many UK buildings, but managing it doesn’t have to be complicated. By knowing your duty, carrying out the right surveys, and acting on the findings, you’ll protect people, avoid costly penalties, and keep your projects running smoothly.

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