If you own, manage, or are responsible for a non-domestic building constructed before 2000, you almost certainly need an asbestos survey. It's not just good practice — it's a legal requirement under the Control of Asbestos Regulations 2012.
Which of these applies to you?
Let's work out if you need an asbestos survey.
Who needs an asbestos survey?
The Control of Asbestos Regulations 2012 place a clear legal duty on anyone who has responsibility for maintaining or repairing non-domestic premises. This is known as the "duty to manage asbestos."
Duty holders
You have a duty to manage asbestos if you are:
Property owners:
- Commercial building owners
- Industrial facility owners
- Owners of institutional buildings (schools, hospitals, care homes)
- Landlords of non-domestic properties
Occupiers and managers:
- Employers with control over premises
- Facilities managers
- Managing agents
- Property managers
- Building managers
Others with control:
- Trustees of charities operating from buildings
- Directors responsible for business premises
- Local authorities managing public buildings
- Schools and academy trusts
The duty falls on whoever has control over maintenance or repair of the premises. In shared buildings, duties may be shared between parties. If you're not sure who the duty holder is, seek legal advice.
What premises are covered?
The duty to manage applies to:
Non-domestic premises:
- Offices and commercial buildings
- Shops and retail units
- Factories and warehouses
- Schools, colleges, and universities
- Hospitals and care homes
- Hotels and guest houses
- Pubs, restaurants, and cafes
- Community centres and places of worship
- Sports facilities and leisure centres
Common parts of domestic premises:
- Shared hallways and stairwells in blocks of flats
- Communal areas in houses in multiple occupation (HMOs)
- Shared facilities (laundry rooms, bin stores)
- External areas serving multiple domestic units
Exemptions:
- Private homes (single domestic dwellings)
- Individual flats within a block (but not the common areas)
- Domestic outbuildings not used commercially
If you live in a flat, the duty to manage asbestos in communal areas falls on the freeholder or managing agent, not individual leaseholders. However, you should still be aware of asbestos risks when carrying out work inside your own flat.
When is an asbestos survey required?
There are several situations where you need an asbestos survey:
1. Routine duty to manage
If you're responsible for non-domestic premises built before 2000, you need a management survey to:
- Identify where asbestos is located (or presume it's there)
- Assess the condition of asbestos-containing materials (ACMs)
- Create an asbestos register
- Develop an asbestos management plan
- Inform workers and contractors about asbestos risks
This is an ongoing legal duty, not a one-off requirement.
2. Before refurbishment or building work
Before any refurbishment, renovation, or alteration work, you need a refurbishment and demolition survey covering the areas where work will take place.
This includes:
- Major renovations and extensions
- Installing or moving services (electrics, plumbing, HVAC)
- Removing or altering fixed installations
- Drilling holes or breaking through walls, floors, or ceilings
- Removing ceiling tiles or partition walls
- Minor repairs that disturb building fabric
A management survey is not sufficient before building work. You need a specific refurbishment/demolition survey for the areas affected by the work, even if you have a current management survey.
3. Before demolition
Complete demolition of any structure built before 2000 requires a full demolition survey of the entire building.
This applies to:
- Complete building demolition
- Partial demolition
- Stripping out before demolition
- Demolition of extensions or outbuildings
4. When buying or selling property
While not a legal requirement for the transaction itself, asbestos surveys are increasingly expected as part of commercial property due diligence:
Sellers benefit from:
- Demonstrating compliance with regulations
- Reducing buyer concerns and negotiations
- Providing certainty on remediation costs
- Smoother transaction process
Buyers need surveys to:
- Identify hidden liabilities
- Assess remediation costs
- Ensure compliance with regulations
- Satisfy lender and insurer requirements
5. When taking over management
If you're taking over responsibility for a building, you should ensure there's an up-to-date asbestos survey and register. If not, commission one immediately.
This applies when:
- Purchasing a business premises
- Taking on a new lease
- Becoming a facilities manager
- Taking over as managing agent
- A company acquiring another's property portfolio
New tenant fined after contractor exposed to asbestos
A company took over a lease on 1980s office space without checking for an asbestos survey. Within weeks, they hired contractors to install partitions. Workers cut into ceiling tiles containing asbestos.
- ✗No asbestos survey or register provided during lease handover
- ✗New tenant assumed previous occupier had managed asbestos
- ✗Failed to commission survey before instructing contractors
- ✗Contractors not told about potential asbestos risk
- ✗Workers potentially exposed to asbestos fibres
HSE investigation found the tenant had become the duty holder but failed to manage asbestos. Fined £12,000 plus costs. Emergency asbestos removal and decontamination cost additional £15,000. Workers referred for medical surveillance.
When taking over any premises, verify that an asbestos survey exists and the register is up to date. If not, commission a survey immediately before allowing any maintenance or building work.
Types of asbestos surveys
Understanding which survey you need is important:
Management Survey vs Refurbishment & Demolition Survey
Management Survey
- •For buildings in normal use
- •Identifies accessible asbestos
- •Non-destructive inspection
- •Creates asbestos register for ongoing management
- •Covers whole building (accessible areas)
- •Updated periodically and when changes occur
Refurbishment & Demolition Survey
- •Before refurbishment, alteration, or demolition
- •Identifies all asbestos in work areas
- •Fully intrusive — destructive inspection
- •Specific to areas where work will take place
- •One-off survey for a particular project
- •Area must be unoccupied during survey
Bottom line: You need both types at different times. A management survey for ongoing legal compliance, and a refurbishment/demolition survey before any building work. They serve different purposes and cannot replace each other.
Exemptions: When you don't need a survey
There are limited circumstances where an asbestos survey may not be necessary:
Buildings constructed after 2000
If your building was entirely constructed after November 1999 (when asbestos was banned in the UK), it's unlikely to contain asbestos.
However:
- Some imported materials used after the ban have been found to contain asbestos
- Surveys are still recommended before demolition or major refurbishment
- If there's any doubt about construction date or materials, get a survey
Private domestic properties
Homeowners living in their own single-family home do not have a legal duty to manage asbestos.
But you should still:
- Be aware that pre-2000 homes likely contain asbestos
- Identify obvious asbestos before DIY work
- Inform tradespeople about potential asbestos
- Consider a survey before major renovations
- Never attempt to remove asbestos yourself
Even though you don't have a legal duty to survey your home, disturbing asbestos is still dangerous. If you're planning DIY work or hiring contractors, it's wise to identify asbestos first.
When you can presume asbestos is present
Instead of having a survey, you can presume that asbestos is present and manage accordingly.
This approach:
- Assumes all materials that could contain asbestos actually do
- Treats everything as if it's asbestos until proven otherwise
- Requires strict management controls
- Still needs an asbestos register and management plan
- Can be impractical and expensive
When presumption works:
- Very small, simple buildings where access is easy
- Buildings where construction is clear and documented
- Where the cost of management would be similar to removal
When presumption doesn't work:
- Large or complex buildings
- Before any building work (you still need a survey)
- Where contractors need specific information
- When lenders, insurers, or buyers require confirmation
Presuming asbestos is present doesn't eliminate the need for a survey before refurbishment or demolition. You still need a refurbishment/demolition survey to identify exactly what contains asbestos and where it is.
Landlords and asbestos surveys
Whether landlords need asbestos surveys depends on the type of property:
Commercial landlords
You need an asbestos survey if you're a landlord of:
- Offices, shops, or industrial units
- Commercial premises of any type
- Mixed-use buildings with commercial elements
Your duties include:
- Commissioning an asbestos management survey
- Creating and maintaining an asbestos register
- Providing asbestos information to tenants
- Managing asbestos in common areas and structure
- Ensuring refurbishment/demolition surveys before work
Duty sharing with tenants:
- Typically, landlords manage structure and common areas
- Tenants manage their occupied space
- Lease should clearly define responsibilities
- Both parties need access to asbestos information
Residential landlords (domestic properties)
Private landlords of houses or self-contained flats do not have a duty to manage asbestos.
However:
- You should be aware of potential asbestos risks
- Inform tenants if you know asbestos is present
- Consider asbestos before allowing building work
- Ensure contractors are aware of potential risks
- Be aware of general health and safety duties
HMO landlords
If you rent a house in multiple occupation (HMO), you have a duty to manage asbestos in:
- Communal areas (hallways, kitchens, bathrooms)
- Structure and fabric of the building
- Shared facilities
You should commission a management survey covering these areas.
Landlords of blocks of flats
Freeholders and managing agents of purpose-built flats must manage asbestos in:
- Shared hallways and stairwells
- Communal facilities (laundry, bin stores)
- Building structure and external areas
- Plant rooms and service areas
- Roof spaces and voids
Individual leaseholders do not have duties for common areas, but may have duties within their own flat if they rent it out commercially or use it as business premises.
If you're unsure whether you have a duty to manage asbestos, seek advice from a health and safety consultant or asbestos specialist. Getting it wrong can result in enforcement action and prosecution.
What happens if you don't have a survey?
Failing to comply with asbestos regulations has serious consequences:
Legal consequences
HSE enforcement action:
- Improvement notices requiring immediate action
- Prohibition notices stopping activities
- Prosecution for breaches of regulations
- Unlimited fines in serious cases
- Up to 2 years imprisonment for serious breaches
Real-world penalties:
- Fines regularly exceed £50,000 for serious breaches
- Directors can be prosecuted personally
- Company reputation damage
- Public naming by HSE
Business consequences
Operational impact:
- Building work halted if asbestos discovered
- Emergency surveys and testing required
- Premises may need to be evacuated
- Business disruption and lost revenue
Financial impact:
- Emergency asbestos surveys cost more
- Unplanned asbestos removal is expensive
- Project delays increase costs
- Insurance claims may be invalidated
Liability and claims:
- Civil claims from workers exposed to asbestos
- Compensation claims can run to hundreds of thousands
- Claims may arise decades after exposure
- Insurance may not cover non-compliance
Health consequences
The most serious consequence is harm to people:
- Workers and contractors exposed to asbestos fibres
- Asbestos-related diseases have 20-50 year latency
- Mesothelioma and lung cancer are often fatal
- No cure for asbestos-related diseases
- Moral responsibility for preventable deaths
The duty to manage asbestos exists to prevent fatal diseases. Every year in the UK, around 5,000 people die from asbestos-related diseases — more than die in road traffic accidents. Compliance isn't bureaucracy; it's about protecting lives.
Landlord prosecuted after tenant DIY work
A commercial landlord of a 1970s retail unit failed to provide an asbestos survey or register to new tenants. The tenant began fitting out the shop and drilled into asbestos-containing panels, releasing fibres.
- ✗Landlord never commissioned an asbestos survey
- ✗No asbestos register or management plan in place
- ✗Lease did not clarify asbestos management responsibilities
- ✗Tenant not informed about potential asbestos
- ✗Tenant's contractor not warned to check for asbestos
HSE prosecuted the landlord under the Control of Asbestos Regulations. Fined £45,000 plus £8,000 costs. The landlord also faced civil claims from the exposed tenant and contractor. Total cost exceeded £100,000 including emergency surveys, removal, and legal fees.
Landlords of commercial premises must have an asbestos survey, register, and management plan before letting the property. Failure to do so exposes you to criminal prosecution, civil claims, and moral responsibility if someone is harmed.
How to get an asbestos survey
If you've determined you need an asbestos survey, here's what to do:
1. Choose a UKAS accredited surveyor
Look for:
- UKAS accreditation to ISO/IEC 17020 for asbestos inspection
- Qualified surveyors (BOHS P402 minimum for management surveys)
- Professional indemnity insurance
- Membership of professional bodies (BOHS, RICS, AIOH)
- Good reputation and references
- Clear, comprehensive reporting
Always use a UKAS accredited surveyor. While not legally required, UKAS accreditation provides independent assurance of competence and quality. Non-accredited surveyors may miss asbestos or provide inadequate reports.
2. Determine which survey type you need
Get a management survey if:
- You're complying with the duty to manage
- The building is in normal use
- You need an asbestos register and management plan
- You're not planning any building work
Get a refurbishment/demolition survey if:
- You're planning any building work, alteration, or refurbishment
- You're demolishing all or part of the building
- You need to know exactly what asbestos will be disturbed
- Contractors need detailed information before starting work
Get both if:
- You're taking over a building without an existing survey
- Your management survey is old and you're planning work
3. Get quotes
Contact 2-3 UKAS accredited surveyors and request quotes. Provide:
- Building address and size
- Construction age and type
- Survey type needed
- Scope (whole building or specific areas)
- Timescale requirements
Typical costs:
- Management survey: £300-800 for small/medium commercial premises
- Refurbishment survey: £400-1,500+ depending on scope
- Demolition survey: £800-3,000+ for whole building
Don't just choose the cheapest — quality matters more than price.
4. Arrange the survey
Once you've chosen a surveyor:
- Provide building plans and construction information
- Arrange access to all areas
- Inform occupants the survey will take place
- For refurbishment/demolition surveys, arrange for areas to be vacant
- Provide any previous asbestos reports
5. Use the results
After receiving the survey report:
- Create or update your asbestos register
- Develop or review your asbestos management plan
- Implement any urgent actions identified
- Schedule regular re-inspections
- Share information with employees, contractors, and others
- Update the register whenever anything changes
After Your Survey: Key Actions
Read the executive summary and recommendations
Address any high-risk asbestos identified
Set up management systems and procedures
Ensure everyone who needs to know is informed
Regular inspections and annual plan reviews
UK regulatory context
Understanding the legal framework helps you comply:
Control of Asbestos Regulations 2012
The main legislation governing asbestos management in the UK:
Regulation 4: Duty to Manage Asbestos
- Applies to non-domestic premises
- Requires duty holders to identify asbestos or presume it's there
- Must assess risk and create management plan
- Must provide information to anyone who might disturb it
Regulation 5: Identification of Asbestos
- Duty holders must determine if asbestos is present
- Either commission a survey by a competent person, or
- Presume asbestos is present and manage accordingly
Regulation 7: Information, Instruction and Training
- Provide information to anyone liable to disturb asbestos
- Ensure adequate training for workers
- Make asbestos register available
Regulation 9: Notification of Work
- Certain asbestos work must be notified to HSE
- Licensed contractors required for high-risk removal work
Other relevant legislation
Health and Safety at Work etc. Act 1974:
- General duty to ensure health and safety
- Applies to all workplaces and work activities
- Duty extends to contractors, visitors, and members of the public
Management of Health and Safety at Work Regulations 1999:
- Requires risk assessments for all work activities
- Must have arrangements for planning and managing health and safety
- Must provide competent health and safety assistance
Construction (Design and Management) Regulations 2015:
- Requires asbestos information during project planning
- Pre-construction information must include asbestos surveys
- Principal contractors must manage asbestos risks on site
HSE guidance
The HSE publishes extensive guidance on asbestos management:
- HSG264: Asbestos: The Survey Guide — the definitive guide to asbestos surveys
- HSG227: A Comprehensive Guide to Managing Asbestos in Premises — detailed guidance on the duty to manage
- L143: Managing and Working with Asbestos — Approved Code of Practice (ACOP) for the regulations
ACOPs (Approved Codes of Practice) have special legal status. Following ACOP guidance is not mandatory, but if you're prosecuted and didn't follow the ACOP, you must prove you complied in another way.
Frequently asked questions
You don't have a legal duty to survey your own home, but it's wise to be aware of potential asbestos if your home was built before 2000. Consider a survey before major renovations or if you're planning significant DIY work. Always inform contractors about potential asbestos risks.
Buildings constructed after the asbestos ban (November 1999) are unlikely to contain asbestos, but some imported materials used after 2000 have been found to contain it. While you probably don't need a management survey for routine compliance, a survey is still recommended before demolition or major refurbishment work.
You can presume asbestos is present and manage accordingly, but this doesn't eliminate the need for a survey before refurbishment or demolition. Presuming can also be impractical and expensive as you must treat all materials as asbestos. Most duty holders find it more practical and cost-effective to have a proper survey.
It depends. If nothing has changed in the building and the survey is still accurate, it may be sufficient for ongoing management. However, you should review it regularly and commission a new survey before any building work. If the survey is outdated or the building has changed significantly, get a new survey.
In commercial leases, the landlord typically has the initial duty to survey and provide an asbestos register. Tenants may have duties to manage asbestos within their space. Lease terms should clarify who is responsible for what. Both parties need access to asbestos information.
Update your asbestos register immediately. Have the newly discovered material surveyed and sampled. Assess the risk and take appropriate action (management, repair, or removal). Review how it was missed — was it concealed, or did the survey have limitations? Consider whether a more thorough survey is needed.
Yes. The law places a duty on duty holders to know their responsibilities. 'We didn't know' is not a defence. If you're responsible for maintaining non-domestic premises, you're expected to understand and comply with asbestos regulations. Ignorance doesn't prevent prosecution.
Refurbishment surveys are typically more expensive because they're more intrusive and time-consuming. A management survey might cost £300-800 for a small premises, while a refurbishment survey for the same building could cost £500-1,500+. However, the scope is different — refurbishment surveys often cover specific areas rather than whole buildings.
Summary
You need an asbestos survey if:
- You're responsible for non-domestic premises built before 2000
- You're planning any refurbishment, alteration, or building work
- You're demolishing all or part of a building
- You're taking over management of a property without an existing survey
- You're buying or selling commercial property
- Lenders, insurers, or contractors require one
You probably don't need a survey if:
- You own your own single-family home (though it's still wise before major DIY work)
- Your building was entirely constructed after 2000 (with some exceptions)
- You're a residential landlord of self-contained domestic properties (though some duties still apply)
The key principle: If you have any responsibility for maintaining or repairing non-domestic premises built before 2000, you have a duty to manage asbestos. An asbestos survey is the foundation of compliance.
When in doubt, get a survey. The cost of a survey (typically £300-800 for small/medium buildings) is minimal compared to the risks of non-compliance: prosecution, unlimited fines, emergency removal costs, business disruption, and most importantly, harm to people.
Next steps
Learn more about asbestos management:
Understand the different types of asbestos surveys:
Not sure if you need an asbestos survey or which type is right for your situation? A UKAS accredited asbestos surveyor can assess your legal duties and provide clear guidance on the appropriate survey type and next steps.
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