What is Asbestos?

Asbestos is a term used to refer to six naturally occurring silicate minerals. All are composed of long and thin fibrous crystals, each fibre being composed of many microscopic 'fibrils' that can be released into the atmosphere by abrasion and other processes. Asbestos is an excellent electrical insulator and is highly heat-resistant, so for many years it was used as a building material. However, it is now a well-known health and safety hazard and the use of asbestos as a building material is illegal in many countries including the UK. Inhalation of asbestos fibres can lead to various serious lung conditions, including asbestosis and cancer.  

Asbestos may be present in any building constructed before the year 2000. The legal ‘duty to manage’ asbestos applies not only to those involved in construction but also to commercial building owners and tenants as well as to any organisation whose employees work on or in buildings. 

EO Asbestos Specialists survey, test and project manage providing clients with tailored asbestos management. 

An asbestos survey is an effective way to manage asbestos in premises by providing accurate information about the location, amount and type of any asbestos-containing materials (ACMs). The survey typically involves sampling and analysis to determine the presence of asbestos. Surveys can only be carried out by competent surveyors with the necessary skills, experience and qualifications. A survey may be conducted if ACMs are suspected as being present, or say due to the age and type of building, the choice may be made to presume there is asbestos in the buildings and thus all necessary precautions taken for any work that takes place. However, it is typically best practice to have an asbestos survey carried out to be sure whether asbestos is present or not. The asbestos survey can provide information to inform an asbestos register, a risk assessment and subsequent management plan. 

An Asbestos Management Plan translates your asbestos data into an actionable system to maintain compliance.

The law requires you not only to determine whether asbestos is present or not in the buildings you are responsible for, but to manage it. The first step in this process is surveying and sampling to find out where asbestos is, and the next step is to conduct a risk assessment on the dangers it may pose. However, the information gathered is useless unless correctly presented.  

Who is responsible for managing asbestos in buildings?

Those responsible for the maintenance and repair activities in buildings have a ‘duty to manage’ asbestos. These can include owners and occupiers of commercial premises (e.g. offices), and the owners and managers of domestic buildings (e.g. housing associations). 

This is legally required under the Control of Asbestos Regulations 2012. They also have a duty to assess the presence and condition of any asbestos-containing materials (ACMs). If asbestos is present, or presumed to be so, then it must be managed appropriately. If you are looking to buy or sell a property, start or end a term lease - then this will be the report the landlord, bank or estate agent may ask for you to provide. Or if you are responsible for maintenance and repairs in a building, which may contain asbestos?

You are a ‘duty holder’ if:

• you own the building;
• you are responsible through a contract or tenancy agreement;
• you have control of the building but no formal contract or agreement; or in a multi-occupancy building, 
• you are the owner and have taken responsibility for maintenance and repairs for the whole building.

What buildings are affected?

• All non-domestic buildings, whatever the type of business. 
• The common areas of domestic buildings, eg halls, stairwells, lift shafts, roof spaces. 

The ‘duty to manage’ asbestos is included in the Control of Asbestos Regulations 2012. (Regulation 4).