Asbestos in Commercial Property: A Landlord’s Guide

Asbestos remains a significant concern for commercial property owners and landlords across the UK. Despite being banned in 1999, asbestos-containing materials (ACMs) are still present in hundreds of thousands of buildings, especially those constructed before 2000. Managing asbestos is not only a matter of health and safety—it is a strict legal obligation, with severe penalties for non-compliance. This guide provides landlords with a comprehensive overview of asbestos regulations, risk management, certification, council requirements, and practical steps for compliance.

Understanding Asbestos and Its Risks

Asbestos was widely used in construction due to its fire resistance and insulating properties. However, when disturbed, asbestos fibres can become airborne and, if inhaled, cause severe health issues such as mesothelioma, asbestosis, and lung cancer. The Health and Safety Executive (HSE) estimates that between 210,000 and 400,000 UK buildings still contain asbestos, with around 6 million tonnes used in 1.5 million structures.

Legal Responsibilities for Landlords

The primary legislation governing asbestos in commercial properties is the Control of Asbestos Regulations 2012. Under Regulation 4, the “dutyholder”—often the landlord, but sometimes the tenant or managing agent, depending on the lease—must manage asbestos risks in non-domestic premises.

Key legal duties include:

• Identifying ACMs: Conduct an asbestos survey to locate and assess any asbestos in the property. All commercial properties built before 2000 should be surveyed, as the only way to confirm the presence of asbestos is through professional inspection.

• Risk Assessment: Evaluate the condition and risk posed by any asbestos found.

• Asbestos Register: Create and maintain an up-to-date register of ACMs, including their location and condition.

• Management Plan: Develop and regularly update an asbestos management plan, detailing how risks will be controlled and who is responsible for each action.

• Inform and Protect: Share information about the presence and condition of asbestos with anyone likely to work on or disturb the material, such as contractors and maintenance staff.

• Training: Ensure that anyone who may come into contact with asbestos is properly trained.

Certification and Survey Process

A professional asbestos survey is the first step toward compliance. Landlords should engage a UKAS-accredited surveyor to carry out the inspection and testing. The surveyor will:

• Inspect the property for visible ACMs.

• Take samples for laboratory analysis.

• Record findings in an asbestos register.

• Advise on the condition and recommend actions (e.g., encapsulation, removal, or ongoing monitoring).

If asbestos is found in good condition and unlikely to be disturbed, it may be left in place but must be monitored and managed. If it is damaged or likely to be disturbed (e.g., during refurbishment), it must be sealed or removed by licensed contractors.

Council and Regulatory Requirements

Local councils and the HSE enforce asbestos regulations. They may request to see your asbestos register and management plan at any time. Failure to comply can result in:

• Fines up to £20,000 and/or imprisonment for up to 12 months for lesser breaches.

• Unlimited fines and up to 2 years in prison for serious offences.

• Immediate prohibition notices halting work if there is a risk to health.

Recent updates place even greater emphasis on digital record-keeping, photographic documentation, and annual reviews of asbestos management plans. There is also an increased focus on air monitoring and clearance certification for removal works in public and commercial spaces.

Practical Steps for Landlords

Check your lease to confirm whether you or your tenant is the dutyholder responsible for asbestos management. Arrange for a UKAS-accredited surveyor to inspect your property. Services like Landlords Checks (https://landlordschecks.co.uk/asbestos-survey/) offer accredited asbestos surveys and clear, actionable reports.

Maintain an up-to-date asbestos register and management plan, and review them annually or after any work affecting ACMs. Inform all relevant parties, including contractors and staff, about any asbestos risks and provide access to the register. If removal or remedial work is needed, use licensed asbestos contractors and ensure air monitoring and clearance certification where required. Keep up with regulatory changes and council requirements, as enforcement and penalties are becoming increasingly stringent.

Pricing and Service Options

The cost of asbestos surveys and management varies depending on property size, complexity, and the extent of ACMs. Basic surveys for small commercial properties typically start from £200-£400, with higher fees for larger or more complex sites. Removal and remediation costs depend on the scale of the work required. For transparent pricing and expert service, landlords can explore options with Landlords Checks (https://landlordschecks.co.uk/asbestos-survey/), which provides accredited surveys and compliance support.

Conclusion

Managing asbestos in commercial property is a legal and moral imperative for landlords. By understanding your duties, arranging accredited surveys, maintaining thorough records, and staying up to date with regulations, you can protect occupants, avoid penalties, and ensure the long-term value of your property. For peace of mind and compliance, consider booking your asbestos survey with Landlords Checks (https://landlordschecks.co.uk/asbestos-survey/).

Useful Resources and References

• Asbestos regulations for your commercial property – GOV.UK (https://www.gov.uk/who-is-responsible-for-asbestos-found-in-my-commercial-property)

• Control of Asbestos Regulations 2012 – HSE (https://www.hse.gov.uk/asbestos/faq.htm)

• Managing asbestos in non-domestic properties – HSE (https://www.hse.gov.uk/asbestos/duty.htm)

• Asbestos Surveys and Registers – HSE (https://www.hse.gov.uk/asbestos/surveys.htm)