Asbestos in Commercial Properties: Your Legal Duties and How to Manage It Safely

Asbestos remains one of the most significant health and safety considerations in commercial property. Although its use was banned in the UK, it is still present in many buildings constructed or refurbished before the prohibition came into force. For property owners, tenants and managing agents, understanding where asbestos may be located and how it should be managed is essential.

The presence of asbestos does not necessarily mean that a building is unsafe. Risk arises when asbestos containing materials are damaged or disturbed, allowing fibres to become airborne. Effective management is therefore based on identification, assessment and appropriate control measures.

Why Asbestos Is Common in Older Commercial Buildings

Asbestos was widely used because of its strength, durability and resistance to heat. It can be found in a variety of materials, including insulation, ceiling tiles, floor coverings, sprayed coatings and service ducts. In many commercial properties these materials remain concealed within the building fabric.

Refurbishment and alteration works are often the point at which asbestos is discovered. Without prior investigation, there is a risk that materials will be disturbed, creating a hazard for contractors and building occupants.

The Duty to Manage Asbestos

In non domestic premises there is a legal duty to manage asbestos. This responsibility normally sits with the duty holder, which may be the building owner, the managing agent or the tenant depending on the terms of the lease.

The duty to manage includes identifying whether asbestos is present, assessing its condition and keeping an up to date record of its location. It also requires that anyone who may work on or disturb the material is provided with the relevant information.

Asbestos Surveys and When They Are Required

An asbestos survey is carried out to locate and assess asbestos containing materials. The type of survey required will depend on the circumstances. A management survey is intended to allow the building to be occupied and maintained safely. A refurbishment or demolition survey is required before intrusive works take place.

Without the correct survey, there is a significant risk that asbestos will be disturbed unintentionally. This can result in the spread of fibres, the need for specialist cleaning and potential enforcement action.

Assessing Risk and Implementing Control Measures

Not all asbestos containing materials present the same level of risk. Materials that are in good condition and unlikely to be disturbed can often remain in place and be managed safely. Where materials are damaged or likely to be affected by works, remedial action may be required.

Control measures may include encapsulation, enclosure or removal by licensed contractors. The appropriate approach depends on the type of material, its condition and its location within the building.

The Importance of Accurate Records

An asbestos register provides a clear record of the location and condition of asbestos containing materials. This document must be kept up to date and made available to anyone who may carry out work on the building.

Accurate records allow maintenance and refurbishment to be planned safely. They also demonstrate compliance with legal obligations and help protect building occupants.

Managing Asbestos as Part of Property Ownership

For commercial property owners and occupiers, asbestos management is an ongoing responsibility. Regular review of the asbestos register, periodic re inspection and clear communication with contractors are all part of effective management.

By taking a structured and informed approach, asbestos can be managed safely without disrupting the use of the building.

Asbestos management is a legal obligation, not an optional extra. Whether you need a survey, help understanding your duty to manage, or ongoing compliance support, Harrison Clarke has the experience to guide you through it. Get in touch with the team today on 023 8155 0051 (Southampton) or 020 8153 1233 (London), or get in touch here and we would be happy to help.

For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!

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Paul

About the author

Paul Badham,
BSc (Hons) MSc PGDipSurv MRICS

Associate Director

Paul joined Harrison Clarke in 2021, bringing with him a wealth of experience from his previous roles at Daniells Harrison Chartered Surveyors, Vivid Housing, and First Wessex Property Services. Paul began his surveying career in 2008, becoming Chartered in 2015. 

With a background in shipping and a degree in Shipping Operations, along with a Post Graduate Diploma in Surveying, Paul is also a RICS Registered Expert Witness. His expertise spans technical due diligence, dilapidations, party wall matters, contract administration, and professional negligence.