Asbestos remains the leading cause of work-related deaths, with around 5,000 fatalities each year linked to past exposure. Despite being banned in 1999, asbestos-containing materials (ACMs) remain present in many buildings constructed before 2000.
For organisations responsible for non-domestic premises, effective asbestos management remains a legal requirement under health and safety law, supported by ongoing regulatory oversight. The HSE provides official guidance on the duty to manage asbestos in buildings, including who has the duty and what practical steps are expected from dutyholders:Â HSE duty to manage asbestos guidance.
Legal Requirements
The Control of Asbestos Regulations 2012 establish the legal framework for asbestos management. Regulation 4 sets out the duty to manage asbestos in non-domestic premises and common parts of certain domestic premises:Â Control of Asbestos Regulations 2012, Regulation 4.
Under Regulation 4, responsibility rests with the dutyholder—typically the individual or organisation responsible for the maintenance and repair of a non-domestic property.
In practical terms, dutyholders must:
- Take reasonable steps to determine whether asbestos is present
- Assess its condition
- Manage the associated risks appropriately
This includes maintaining an accurate asbestos register, implementing a clear and effective management plan, and ensuring that relevant information is provided to anyone who may come into contact with asbestos.
Importantly, this duty is ongoing. It requires regular review of both the condition of ACMs (Asbestos-Containing Materials) and the effectiveness of control measures to ensure risks remain adequately controlled over time.
Current HSE Activity and Direction
In January 2024, the Health and Safety Executive (HSE) launched its “Asbestos – Your Duty” campaign to raise awareness among those responsible for buildings where asbestos may be present: HSE Asbestos – Your Duty campaign announcement.
While the campaign did not introduce new legal requirements, it has increased focus on compliance across both the public and private sectors.
Additionally, the HSE conducted a consultation between November 2025 and January 2026 to explore potential improvements to the practical operation of current regulations. Key areas of focus included:
- Enhancing the quality and consistency of asbestos surveys
- Clarifying requirements for certain categories of work
- Strengthening clearance procedures following asbestos removal
These developments indicate a continued emphasis on improving standards of asbestos management, rather than signalling fundamental changes to the legal framework.
Inspections and Enforcement
HSE inspectors may carry out inspections to assess compliance with asbestos regulations. These inspections may take place with or without prior notice.
Where shortcomings are identified, enforcement action may include:
- Improvement Notices requiring remedial action
- Prohibition Notices where there is a risk of serious harm
- Further action, including prosecution, in cases of significant non-compliance
Dutyholders should ensure they can demonstrate that asbestos risks are being effectively managed in practice, not only documented.
Common Areas of Non-Compliance
A number of recurring issues are regularly identified during inspections. These tend to relate not to a lack of awareness of the rules, but to gaps in implementation. For example, asbestos registers may not reflect recent building changes, or management plans may exist but are not actively used to guide decision-making.
Similarly, organisations sometimes fall short in communicating asbestos information to contractors or ensuring that routine monitoring is consistently recorded. These are practical shortcomings rather than complex legal failures, but they can still expose organisations to unnecessary risk.
Practical Steps for Dutyholders
If your organisation is responsible for a building constructed before 2000, maintaining compliance with asbestos regulations relies on having accurate information and applying it consistently in practice. Rather than treating asbestos management as a one-off exercise, dutyholders are expected to keep arrangements under regular review and ensure they reflect current conditions within the building.
Review Asbestos Surveys
Dutyholders should ensure that an appropriate asbestos survey is in place. Where no survey exists, or where existing information is unreliable due to structural or usage changes, a new survey should be commissioned.
- Management surveys are suitable for occupied buildings, identifying ACMs that may be disturbed during routine activities
- Refurbishment and demolition surveys are required before intrusive work is undertaken
Surveys must be carried out by competent professionals in accordance with recognised standards, as their quality underpins all subsequent management decisions.
Update the Asbestos Register and Management Plan
Accurate and up-to-date records are essential. The asbestos register should reflect the current location and condition of all identified materials, incorporating any changes resulting from refurbishment or maintenance work.
The management plan should clearly outline:
- How risks are controlled
- Monitoring arrangements
- Actions to be taken if conditions change
- How information is communicated to relevant parties
In practice, this includes ensuring that contractors and maintenance personnel have access to asbestos information prior to commencing work.
Ensure Appropriate Training
Training is critical to consistent implementation of safe working practices. Individuals who may encounter asbestos should receive asbestos awareness training, enabling them to:
- Understand the risks
- Recognise potential ACMs
- Avoid accidental disturbance
It is important to note that such training does not qualify individuals to undertake work on or with asbestos materials. Where activities involve disturbance, removal, or higher risk exposure, these must only be carried out by suitably competent contractors and, where required, those holding the appropriate HSE licence.
Schedule Regular Condition Monitoring
Ongoing monitoring is necessary to ensure that asbestos-containing materials remain in a stable condition. The frequency of inspections will depend on factors such as the type of material and its location, and should be defined within the asbestos management plan.
In practice, many organisations carry out periodic visual inspections supported by clear record keeping. This allows any changes in condition to be identified at an early stage and ensures that appropriate action can be taken where necessary. Maintaining consistent records also helps demonstrate that asbestos risks are being actively managed rather than assumed to remain unchanged.
Plan for Changes and Refurbishment Works
Buildings are rarely static environments, and any changes to their structure or use may affect asbestos risk. Before undertaking refurbishment, maintenance, or demolition works, dutyholders should ensure that a suitable refurbishment and demolition (R&D) survey has been carried out.
Relying solely on an existing management survey in these circumstances may be insufficient, as it does not account for hidden materials that could be disturbed during intrusive work.
Forward planning in this way helps prevent unexpected exposure, project delays, and potential enforcement action.
How The Infinity Group Can Help
Keeping up to date with health and safety requirements is an essential aspect of maintaining compliance, particularly in areas such as asbestos, where guidance, expectations, and regulatory focus may evolve over time.
The Infinity Group supports organisations by providing regular updates and insights on health and safety topics, helping employers, landlords, and dutyholders remain informed of relevant developments.
By offering clear and practical commentary on key health and safety issues, we aim to support organisations in understanding their responsibilities and maintaining awareness of current expectations.