In This Guide
Legal Framework: The Control of Asbestos Regulations 2012
The Control of Asbestos Regulations 2012 (CAR 2012) is the primary legislation governing asbestos management in the UK. Under Regulation 4, anyone who has responsibility for maintaining and/or repairing non-domestic premises has a 'duty to manage' asbestos. This duty requires you to take reasonable steps to find out if there are materials containing asbestos in the premises, and if so, its amount, where it is and what condition it is in.
Who Has a Legal Duty to Commission a Survey?
Duty holders include building owners, landlords, managing agents, and anyone with contractual responsibility for maintenance. If you control any part of a non-domestic building, you likely have duties under CAR 2012. This includes common areas of residential buildings such as corridors, stairwells, and plant rooms. The duty extends to anyone commissioning refurbishment or demolition work in any building constructed before 2000.
When an Asbestos Survey May Be Needed
Several situations call for an asbestos survey. Before refurbishment or demolition, asbestos must be identified, or presumed present, in the areas affected; to meet the duty to manage in non-domestic premises, the duty holder must assess whether asbestos is present and record its location and condition. A survey is also commonly commissioned as due diligence when purchasing or leasing commercial premises, when existing survey information is incomplete or unreliable, and after building damage or deterioration. The type of survey required depends on your specific circumstances and planned activities.
Management Surveys vs Refurbishment/Demolition Surveys
A management survey is the standard survey required for ongoing asbestos management. It locates ACMs that could be disturbed during normal occupancy and routine maintenance. A refurbishment or demolition survey is required before any invasive work and must access all areas where work will take place, including destructive inspection where necessary.
Domestic Properties: When Surveys Apply
While domestic properties are exempt from the duty to manage, surveys become necessary before refurbishment or demolition work. Homeowners planning significant renovation work, loft conversions, or kitchen/bathroom replacements should commission a survey. This protects both occupants and contractors from accidental asbestos exposure.
Consequences of Not Having a Survey
Failing to commission an appropriate survey can result in enforcement action by the HSE, unlimited fines, and even imprisonment for serious breaches. Beyond legal penalties, accidental asbestos disturbance exposes workers and building occupants to serious health risks. Insurance claims may also be invalidated if proper surveys were not in place.
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Frequently Asked Questions
Do I need an asbestos survey for a building built after 2000?
Generally no, as the use of asbestos was banned in the UK in 1999. However, some materials installed before the ban may still be present. If there is any doubt about materials or installation dates, a survey provides certainty.
How often should an asbestos survey be updated?
CAR 2012 requires you to keep your asbestos register up to date. Your management plan, including the register, should be reviewed at least every 12 months and whenever circumstances change, while the condition of known and presumed ACMs should be inspected at intervals set according to risk. When circumstances change, review the existing survey information and assess whether further surveying is needed; its scope depends on the proposed work and any gaps in the existing information.
Can I do refurbishment work without a survey?
No. The regulations require a refurbishment or demolition survey before any work that disturbs the fabric of a building constructed before 2000. Working without a survey risks criminal prosecution and asbestos exposure.
What happens if asbestos is found during the survey?
Finding asbestos does not necessarily mean it must be removed. The survey will assess the condition and risk. Good condition ACMs can often be managed in place with an asbestos management plan. Damaged or high-risk materials may require remediation.
Who can legally conduct an asbestos survey?
Surveys should be conducted by competent surveyors. Competence comes from a combination of a relevant qualification, such as BOHS P402 – Surveying and Sampling Strategies for Asbestos in Buildings or a comparable qualification from another training body, supervised practical experience and assessment of their survey work. They must also have access to UKAS-accredited laboratory analysis.