If your business owns, manages or is responsible for repairing a non-domestic building, or if your people could disturb the fabric of a building during their work, the Control of Asbestos Regulations 2012 (CAR 2012) almost certainly apply to you. Asbestos was not fully banned in the UK until 1999, so any building built or refurbished before 2000 may contain it. This guide explains who is covered, what you must do, and how to check your own position.
Who do the Control of Asbestos Regulations apply to?
CAR 2012 apply to almost every workplace in Great Britain, but the duties you hold depend on your role. Three groups are caught:
- Owners and managers of non-domestic premises. Offices, shops, factories, warehouses, schools, farms, care homes and pubs all count, as do the shared areas of blocks of flats and other multi-occupancy homes.
- Tenants with repair or maintenance responsibility. If your lease makes you responsible for the fabric of the building, you share the duty to manage asbestos, or hold it outright.
- Employers whose staff may disturb asbestos. Electricians, plumbers, joiners, gas fitters, decorators, telecommunications engineers and facilities teams can all drill into, cut or damage asbestos-containing materials without knowing it.
Self-employed people are covered in the same way as employers. Homeowners living in their own private home are not dutyholders, but a tradesperson working in that home still is.
Do your business premises have asbestos? Do your employees come into contact with it?
The duty to manage asbestos (Regulation 4)
Regulation 4 is the part that catches most small and medium-sized businesses. If you have it, you must:
- Find out whether asbestos is present. Take reasonable steps to locate materials likely to contain it, and assume a material contains asbestos unless you have strong evidence it does not.
- Keep a written record of where it is, what condition it is in and how much there is. This is your asbestos register.
- Assess the risk that anyone could be exposed to fibres from those materials.
- Prepare a management plan that says how you will keep the risk under control, and put it into action.
- Review and monitor the plan and the register, especially after any change to the building or the condition of the materials.
- Pass the information on to anyone likely to disturb the materials, including contractors, before they start work.
The usual starting point is an asbestos management survey carried out by a competent surveyor, following HSE guidance in HSG264. Sampling and analysis should use a UKAS-accredited laboratory. Asbestos left in good condition and unlikely to be disturbed can often stay where it is, as long as it is managed.
Work that disturbs asbestos
Separately from the duty to manage, CAR 2012 sets rules for any work that could disturb asbestos. These depend on the type of material and the risk of releasing fibres.
- Licensed work. Work on higher-risk materials such as sprayed coatings, lagging and most asbestos insulating board must be done by a contractor licensed by the HSE. The work must be notified to the enforcing authority, normally at least 14 days in advance.
- Notifiable non-licensed work (NNLW). Some lower-risk work does not need a licence but must still be notified, and workers need health surveillance and records of the work must be kept.
- Non-licensed work. Short, low-risk tasks, such as removing a few asbestos cement sheets or drilling into textured coating, still need proper controls, trained workers and a risk assessment.
If your employees do any of this work, you must also give them information, instruction and training at the right level for what they do. Even workers who never handle asbestos on purpose need asbestos awareness training if their work could disturb it.
Quick check: does it apply to my business?
| Your situation | Does CAR 2012 apply? | What it means for you |
|---|---|---|
| You own or manage a non-domestic building built before 2000 | Yes | You hold the duty to manage: survey, register, risk assessment and management plan |
| You rent premises and your lease makes you responsible for repairs | Yes | You share or hold the duty to manage, so check your lease and agree responsibilities in writing |
| You rent premises, the landlord handles all repairs and maintenance | Partly | The landlord holds the duty, but you should ask to see the asbestos register and plan |
| You manage shared areas of flats or a multi-occupancy building | Yes | Common areas are covered by the duty to manage |
| You send staff into other people’s buildings (trades, maintenance, installers) | Yes | Staff need asbestos awareness training and must check the register before starting work |
| Your premises were built after 2000 and have not been refurbished with older materials | Unlikely | Keep a record of how you decided, and check if the building has been altered |
| You work from your own private home | No | The duty to manage does not cover private homes, but trades working in them are still covered |
If you cannot say for certain which row you fall into, treat the regulations as applying until you have checked.
Northern Ireland, the Isle of Man and the Republic of Ireland
CAR 2012 itself applies in Great Britain. If you operate elsewhere, different legislation applies, although the principles are very similar.
If your business has premises in more than one jurisdiction, you need to manage each site against the law that applies there.
What happens if you ignore the regulations?
Breaches of CAR 2012 are prosecuted regularly. Penalties include unlimited fines and, in serious cases, prison sentences for individuals. Beyond the legal risk, unmanaged asbestos can lead to contractors, cleaners or staff being exposed, claims for illness that can take decades to appear, and delays or cost increases when a refurbishment or sale uncovers material you did not know about.
Frequently asked questions
Do I need an asbestos survey? If you hold the duty to manage and cannot show the building is asbestos-free, a survey is the normal way to meet it. A refurbishment and demolition survey is needed before any major building work.
Does it apply to a small office or shop? Yes. Size makes no difference. If the building is non-domestic and you own it, manage it or are responsible for repairs, the duty applies.
Does it apply if I only rent my premises? It depends on your lease. The duty falls on whoever has repair or maintenance responsibility, or on the person who controls the premises. Where there is no clear owner of the duty, the person in control of the building holds it.
How often should I review my asbestos register? There is no fixed interval. Review it when anything changes, such as damage, building work or a change in use, and carry out regular condition checks. Many businesses reinspect known materials once a year.
Do my staff need training? Anyone whose work could disturb asbestos needs asbestos awareness training. Those who carry out non-licensed or notifiable work need higher levels of training.
Next steps
- Establish when your premises were built and whether they have been altered.
- Check your lease, or ask your landlord, to confirm who holds the duty to manage.
- Ask for the asbestos register and management plan, or arrange a survey if there is none.
- Make sure anyone working on the building sees the register before they start.
- Arrange asbestos awareness training for staff who could disturb the fabric of the building.
We review your business premises and activities to determine which legislation applies to you as well as detailing the steps you need to take to comply. To discuss your needs further, please contact one of our team.
This article is general guidance and does not constitute legal advice or replace advice on your own premises.
