What Commercial Property Owners Need to Know About Asbestos Management

As the owner or manager of a commercial property, you have a duty to ensure the safety, regulatory compliance and operational continuity of your asset. One significant but often overlooked hazard is asbestos — materials containing asbestos (ACMs) may still be present in many buildings and expose you to legal, financial and reputational risk. This article outlines the key obligations, practical steps and risk-areas you need to know for commercial properties.

Why asbestos remains a major issue

Although asbestos use in construction was banned in the UK some time ago, many commercial buildings — especially those built or refurbished before circa 2000 — still contain ACMs. (See: the duty-to-manage page from Health and Safety Executive (HSE) on non-domestic premises.)

If ACMs are disturbed (for example during refurbishment, maintenance, demolition or through deterioration), tiny asbestos fibres can be released into the air. Once inhaled, these fibres can cause diseases such as mesothelioma, asbestosis and lung cancer — consequences that can become relevant many years later.

From a commercial property viewpoint, failing to manage asbestos properly can lead to:

• Prosecution or enforcement action for non-compliance.

• Delays or cost escalation in maintenance or refurbishment projects.

• Increased risk of liability if occupants, tenants or contractors are exposed.

• Negative impact on asset value and lease attractiveness.

What regulations apply and who is responsible

The core legislation & the duty to manage

The key legal framework is the Control of Asbestos Regulations 2012 (CAR 2012), under which Regulation 4 sets out the “duty to manage” asbestos in non-domestic premises.

According to the HSE: The duty to manage covers all non-domestic premises such as factories, warehouses, offices, shops and the common parts of multi-occupancy domestic buildings.

Who is the duty-holder?

The “duty-holder” is the person or organisation with control of the premises, or part of them, or who has an obligation for maintenance/repair under a contract or tenancy.

In a commercial lease context this means:

• The landlord may be the duty-holder for common parts, structural elements or the whole building.

• A tenant may be the duty-holder for the part they occupy if their lease gives them maintenance/repair responsibility.

• Responsibilities may be shared or delegated (via managing agent) but the legal duty cannot be completely transferred — the ultimate legal responsibility remains with the person who has control.
  

Therefore for commercial property owners, it is essential to check your lease/contract and be clear on who is responsible for asbestos management.

Key obligations for commercial property owners

To ensure you are compliant and managing risk effectively, commercial property owners should ensure the following actions are in place:

1. Identify if you have the responsibility
   Review lease, contract and maintenance obligations to determine whether you hold the duty to manage asbestos. As above, if you control or maintain the building (or parts of it) you likely hold the duty.

2. Survey and register asbestos presence

   • Where the building was constructed or refurbished before circa 2000 (or earlier), assume asbestos may be present — because many ACMs were used until the ban.

   • Obtain a qualified asbestos survey (either an asbestos management survey for ongoing occupation, or a refurbishment/demolition survey if major works are planned).

   • Create and maintain an asbestos register recording the location, type, condition of any ACMs, and/or presumed ACMs.

3. Assess risk and prepare a management plan

   • Carry out a risk assessment considering how likely ACMs are to be disturbed or degraded, the condition of materials, occupancy patterns, planned works etc.

   • Develop an asbestos management plan that sets out how ACMs will be monitored, maintained, repaired/removed (if necessary), who is responsible for actions, how information will be communicated and how the plan will be reviewed.

   • If ACMs are in poor condition, or major works are planned which might disturb them, removal may be required; otherwise managed-in-situ with monitoring and controls may be acceptable.

4. Inform and train relevant people

   • Ensure any contractors, tenants, maintenance staff or others who might work on or near ACMs are provided with relevant information (location, condition, the register) about asbestos presence.

   • Provide appropriate asbestos awareness training to anyone liable to come into contact with or disturb ACMs.

5. Monitor, review and keep records

   • Keep your asbestos register, risk assessment and management plan up to date, review when building use changes, when maintenance works are carried out, or when condition of ACMs changes.

   • Retain records of surveys, inspections, management actions and any removal/encapsulation work — these records form evidence of your compliance.

6. Before major works or change of use

   • Prior to demolition, major refurbishment or change of building use, commission a detailed refurbishment/demolition survey (which may include destructive inspection) to locate all ACMs before works begin.

   • Engage licensed contractors for any removal of ACMs that require licensing. Ensure disposal of asbestos waste is carried out by licensed carriers.

What happens if you don’t comply?

Non-compliance is taken seriously:

• The regulatory website states that landlords, tenants or managing agents who fail to manage asbestos risk may face fines of up to £20,000 and/or up to 12 months’ imprisonment. For more serious breaches, an unlimited fine and/or up to 2 years’ imprisonment is possible.

• Aside from criminal liability, there is a risk of: damage to reputation, increased insurance premiums, costly remediation, delays in leasing or sale, and legal claims from tenants, contractors or occupiers.

Practical advice for property owners

Here are some actionable tips to help you get on top of asbestos risk in your commercial property:

• Start with due-diligence: If your building is older (pre-2000) or you are planning works, make asbestos a priority in your inspection/survey list.

• Clarify responsibilities in leases/managing contracts: Ensure your lease clearly states who (owner vs tenant) holds asbestos duties, and you have access to the asbestos register and management documents.

• Budget for it: As part of your asset management or refurbishment budget, include the cost of asbestos surveys, management planning, removal/encapsulation and monitoring.

• Use competent professionals: Choose UK-accredited surveyors (UKAS approved) and licensed asbestos removal contractors. Ensuring competence is key to compliance.

• Keep accessible records: Maintain your asbestos register, management plan, survey reports and training records in a format that is easily accessible by maintenance contractors and inspectors.

• Communicate with tenants/occupiers: If you lease your property, inform tenants of any known ACMs, what their responsibilities are (if any), and what to do before carrying out works.

• Review regularly: Any change in building use, major works, changes to tenancy or deterioration of materials should trigger a review of your asbestos strategy.

Final thought

Managing asbestos in commercial properties isn’t simply a regulatory hoop to jump through—it is fundamental to protecting your asset, occupants, contractors and brand. By proactively identifying the duty-holder, surveying, assessing risk, preparing and implementing a management plan, training staff and monitoring the condition of ACMs, you place your property in a strong position to meet legal requirements, minimise risk and protect its value.

If you’d like help with asbestos surveys, management planning or safe removal of ACMs, our team at H.E.S is fully licensed and experienced in supporting commercial property clients through every stage.

H.E.S Can Help

If you’re planning a project and have any demolition, asbestos surveying, or asbestos removal requirements, H.E.S can help.
Don’t hesitate to contact our award-winning team on 02380 011761 or email enquiries@hesgroup.org.uk. Your safety is our priority.

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