Whose Responsibility is Asbestos Safety?

The duty to manage asbestos

Asbestos remains one of the most significant occupational health hazards in the UK, with diseases caused by its exposure claiming thousands of lives every year. Despite being banned over two decades ago, asbestos-containing materials (ACMs) are still commonly found in buildings constructed before 2000. Whether you're managing a construction site or dealing with work in a private home, understanding who holds responsibility for asbestos safety is critical for compliance and health protection.

On construction sites, especially during refurbishment or demolition, asbestos is a key risk. Responsibilities are clearly defined under UK law.

The Dutyholder

Under the Control of Asbestos Regulations 2012, the dutyholder is the person or organisation responsible for the maintenance or repair of non-domestic premises. This may include:

• Building owners
• Landlords
• Facilities managers
• Principal contractors (in some cases)

The dutyholder must:

• Identify any asbestos-containing materials through an asbestos survey
• Maintain an asbestos register
• Assess the risk of exposure
• Develop and implement an asbestos management plan
• Inform and train anyone who may come into contact with asbestos

The Principal Contractor

Under the Construction (Design and Management) Regulations 2015 (CDM 2015), principal contractors must ensure asbestos risks are managed on site. Responsibilities include:

• Verifying that asbestos surveys have been carried out
• Ensuring safe work practices and equipment are in place
• Appointing licensed contractors for any high-risk asbestos removal

Subcontractors and Site Workers

All workers on a construction site have a legal duty to:

• Follow the asbestos safety procedures in place
• Report any suspected asbestos not accounted for in documentation
• Never disturb materials unless confirmed asbestos-free or safely managed

Who is responsible for asbestos in a private home?

Asbestos responsibilities in domestic settings differ from those on commercial sites, but still exist, especially when renovation or maintenance work is planned.

Homeowners

If no work is being carried out, homeowners are not legally required to manage asbestos. However, if they plan to have work done, they should:

• Be aware of asbestos risk if the property was built before 2000
• Arrange for an asbestos survey if materials may be disturbed
• Inform contractors if asbestos is known or suspected to be present

Contractors and Tradespeople

Once a tradesperson is hired to work in a home, they become responsible under the Health and Safety at Work etc. Act 1974 and the Control of Asbestos Regulations 2012. Their duties include:

• Conducting a risk assessment before starting work
• Arranging testing if asbestos is suspected
• Using a licensed contractor for notifiable asbestos work
• Wearing correct PPE and using safe work methods

Landlords and Housing Associations

In rental properties, the landlord or housing provider becomes the dutyholder. They are legally responsible for:

• Managing asbestos in communal or shared areas
• Informing tenants and contractors of known asbestos
• Ensuring all work is done per regulations

Penalties for Non-Compliance

Failure to manage asbestos correctly can result in:

• Unlimited fines
• Criminal charges
• Imprisonment
• Prohibition notices from the HSE

More importantly, poor asbestos management endangers lives. Diseases like mesothelioma and asbestosis are incurable, but entirely preventable through compliance and vigilance.