Who is Responsible for Asbestos Surveys in Non-Domestic Properties in the UK?

In the UK, several parties are responsible for ensuring an asbestos survey is conducted in non-domestic properties. These include property owners, employers, landlords, and contractors. Let’s break down each party's responsibility:

1. Property Owners (Commercial and HMO Landlords)

• Commercial Properties: If you own a commercial property, such as an office building, warehouse, or retail space, you are legally required to ensure an asbestos survey is conducted before the building is occupied or used. Under the Control of Asbestos Regulations 2012, property owners must assess whether asbestos is present in the building. If the building was constructed before 2000, an asbestos survey is needed to identify any asbestos-containing materials (ACMs).
• HMOs (Houses in Multiple Occupation): Landlords of HMOs have a similar responsibility. Even though HMOs are considered domestic properties, they are subject to stricter health and safety regulations, especially when it comes to asbestos. As a landlord, if you own an HMO, you must conduct an asbestos survey to identify any risks to your tenants.

Why It's Important: Property owners are legally bound to protect tenants, workers, and visitors from asbestos exposure. Failing to conduct an asbestos survey can result in legal penalties and serious health risks.

2. Employers

If your non-domestic property is used as a workplace, employers must ensure an asbestos survey is carried out to protect their employees. According to the Control of Asbestos Regulations 2012, employers must assess the potential presence of asbestos in the workplace. If the building was built before 2000, it is essential to have an asbestos survey to identify any ACMs.

Why It's Important: Employers have a legal duty to protect workers from asbestos exposure. Failing to manage asbestos risks can lead to significant legal consequences, including fines, penalties, and even criminal prosecution. An asbestos survey is the first step in fulfilling this duty.

3. Contractors and Builders

Contractors working on buildings constructed before 2000 must be aware of the potential presence of asbestos. Before starting any construction, renovation, or demolition work, the property owner or employer must ensure that an asbestos survey has been completed. Contractors should not disturb materials that may contain asbestos without proper protection or the results of an asbestos survey.

Why It's Important: Contractors can be exposed to dangerous asbestos fibres if ACMs are disturbed during work. Having an asbestos survey completed beforehand ensures that the correct safety protocols are in place to protect everyone involved in the project.

4. HMO Landlords and Letting Agents

As an HMO landlord, you are also responsible for conducting an asbestos survey, especially when renovating or changing the structure of the property. You must inform your tenants of any asbestos risks and ensure safe management of asbestos-containing materials.



Why It's Important: The safety of your tenants is paramount. Asbestos exposure can lead to severe health consequences, and as a landlord, you must ensure the property is safe. If you fail to address asbestos risks in an HMO, you could face significant legal action, including fines or a loss of your license to rent the property.

When Are Asbestos Surveys Required?

In non-domestic properties (including HMOs), an asbestos survey is necessary in the following situations:

1. Before Renovation or Demolition Work: If you're planning any work that could disturb the structure or materials of the building, such as construction, maintenance, or repairs, an asbestos survey is essential. Disturbing asbestos-containing materials can release dangerous fibres into the air.
2. Before Occupation or Use of a Building: Commercial property owners must have an asbestos survey conducted before allowing tenants or employees to occupy the premises. This is particularly crucial for buildings constructed before 2000.
3. Regular Monitoring and Risk Assessments: Once an asbestos survey is completed, property owners are responsible for regularly monitoring and maintaining any asbestos-containing materials to ensure they don’t pose a risk to health.

What Type of Asbestos Survey Do You Need?

The type of asbestos survey you need depends on the nature of your property and the work being carried out. Here are the two primary types of surveys required for non-domestic properties and HMOs:

• Management Survey: This survey is intended for buildings that are in use. It helps to identify the location, condition, and type of asbestos-containing materials. This survey is essential for managing risks and ensuring the materials are maintained safely.
• Refurbishment or Demolition Survey: If you are planning renovation, refurbishment, or demolition work, this type of survey is required to ensure that any asbestos-containing materials are identified and safely handled before work begins.

Legal Consequences of Not Conducting an Asbestos Survey

Failure to conduct an asbestos survey in non-domestic properties or HMOs can lead to significant legal and financial consequences:

• Fines and Penalties: Under the Control of Asbestos Regulations 2012, property owners and employers face fines of up to £20,000 for individuals and £50,000 for businesses if they fail to comply with asbestos regulations. Serious cases can lead to criminal prosecution with higher fines.
• Prohibition Notices: The Health and Safety Executive (HSE) can issue prohibition notices, which can halt any work in progress if asbestos risks are identified. Work cannot resume until proper precautions are in place.
• Criminal Prosecution: In severe cases of non-compliance, property owners or employers could face criminal charges, leading to potential imprisonment, depending on the severity of the exposure risk and neglect.

Conclusion

In the UK, conducting an asbestos survey is not optional—it is a legal obligation for property owners, employers, and landlords, especially in non-domestic properties and HMOs. These surveys are essential for protecting the health of tenants, employees, and contractors, and to ensure compliance with UK asbestos laws.

If you own a non-domestic property or an HMO, it's crucial to have an asbestos survey conducted before any work begins or before the property is used or occupied. By doing so, you protect your building’s occupants and avoid costly legal consequences. Contact us today for professional, certified asbestos surveying services to ensure your property is compliant and safe.