It’s been over a quarter of a century since the final ban on all forms of asbestos in the UK was imposed in November 1999. However, this landmark change in the law did not automatically mean the removal of all asbestos-containing materials (ACMs) already lurking in buildings up and down the country.
This distinction is a crucial one to make, as it underscores that asbestos is not a mere “historical” issue in the UK. The notorious mineral is still embedded in the structures of many public, commercial, and residential properties dating to before the year 2000.
As a result, asbestos remains one of the most significant health risks in older commercial buildings such as certain offices, shops, warehouses, and factories.
In the event of someone breathing in asbestos fibres, they can be at an increased risk of developing a potentially fatal disease, such as mesothelioma or asbestos-related lung cancer, in later life.
An asbestos register is far more than a ‘tick-box’ exercise!
The long latency period for asbestos-related disease helps explain why, even during the 2020s, there are still around 5,000 deaths linked to asbestos in the UK each year.
Despite these considerable risks, many property owners, landlords, and managers still misunderstand asbestos registers or treat them as a mere “tick-box” exercise.
In this article, we will explain what asbestos registers are, their importance as a tool for preventing asbestos exposure, and how they fit within the wider legal duty to manage asbestos under the Control of Asbestos Regulations 2012 (CAR 2012), which is actively enforced by the Health and Safety Executive (HSE).
What is an asbestos register?
To put it in plain-English terms: an asbestos register is a clear, up-to-date record of any known or presumed ACMs in a building. This document explains where the asbestos is (or might be) in the given property. It also sets out the type(s) of asbestos, the material’s condition, and the level of risk the asbestos is judged to pose.
It is of critical importance not to confuse an asbestos register with an asbestos survey. The asbestos survey is the investigation (often a one-off or periodic check) that gathers the raw data.
This raw data is then fed into the asbestos register. This is a legally required, “live” document that records the information and is continuously updated and actively used to manage asbestos risks in the premises, rather than simply held for record-keeping purposes.
The role of an asbestos register in day-to-day building management
That word, “live”, is an important one to understand. The asbestos register is not a static report; it must be reviewed and updated regularly to reflect changes in the building’s condition, as well as any new surveys, repairs, removals, or deterioration.
Under the Control of Asbestos Regulations 2012 (CAR 2012), the register forms a core part of a given building’s asbestos management plan (AMP).
In day-to-day use, the asbestos register guides decisions. For example, before a “dutyholder” for a given premises drills into a wall, re-roofs the property, or allows contractors in, they should be checking the register to guard against the risk of disturbing asbestos and releasing dangerous fibres.
From an enforcement perspective, this is exactly how the HSE expects the register to be used. During inspections, the HSE will assess whether the register is current, accessible, and actively relied upon to prevent asbestos exposure, rather than simply existing as a document on file.
Why do you need an asbestos register?
The mere existence of asbestos in a given building should not automatically be treated as an acute risk; the material is generally only dangerous to health when it is disturbed, damaged, or deteriorating.
This helps to explain why ACMs are often managed in place within a building, instead of always being removed.
However, such factors as maintenance, leaks, or wear can potentially disturb ACMs and cause the release of loose fibres. For these reasons, the proactive management of asbestos is of critical importance, even if the ACMs in a particular building are presently undamaged and sealed.
An asbestos register helps fulfil legal and moral obligations
Regulation 4 of CAR 2012 requires the dutyholder for non-domestic premises to manage any ACMs there. This includes identifying ACMs (or presuming they are present where evidence is lacking), assessing risks, and maintaining records.
A good asbestos register will serve as such a record. It also provides evidence that the dutyholder has taken reasonable steps to identify, assess, and manage asbestos risks, as required by law.
It will support the dutyholder in making proportionate, risk-based decisions. Low-risk asbestos materials, for instance, might simply need to be monitored over time, whereas in the case of high-risk ACMs, removal or encapsulation may be necessary.
Another important reason for a dutyholder to create and maintain an asbestos register is because it will help fulfil their duty of care to the building’s occupants, contractors, and visitors. Any failure by a dutyholder to manage asbestos properly can lead to exposure incidents, serious illness, and legal consequences.
Who is responsible for having and maintaining an asbestos register?
The dutyholder, in accordance with CAR 2012, is typically defined as the person or organisation with the main responsibility for the given premises’ maintenance and repair.
In commercial settings, the dutyholder is often:
- The building owner
- The landlord
- A managing agent
- Whoever has clear responsibility via a lease, contract, or tenancy agreement
In shared or multi-occupied buildings, such as offices or retail parks, responsibility for having and maintaining an asbestos register might be split between multiple people.
Situations like these often entail the landlord or managing agent being responsible for common areas, while tenants assume responsibility for individual units. Clear agreements are vital for avoiding gaps or misunderstandings.
Regarding misunderstandings, one common misconception is that the dutyholder can simply “delegate” the duty. The truth is that while a dutyholder can appoint competent people such as surveyors or consultants to help, ultimate accountability stays with the dutyholder. Those with the “duty to manage” under CAR 2012 do not have the option of outsourcing liability.
When inspecting premises, the HSE will look for clear evidence that the dutyholder understands these responsibilities and has appropriate arrangements in place to manage asbestos risks.
When is an asbestos register required?
The “duty to manage” asbestos, and therefore to maintain an asbestos register, applies to:
- Non-domestic premises
- Common parts of multi-occupancy buildings, such as flats
An asbestos register is particularly relevant for buildings constructed or refurbished prior to the year 2000. This is because asbestos was widely used as a construction material for the bulk of the 20th century, especially in the period from the 1950s until the 1980s.
Buildings in the UK that were constructed after 2000 are unlikely to contain asbestos. However, old equipment or imported materials could still pose risks.
From a legal standpoint, if asbestos is or might be present in a building, the dutyholder must have an asbestos register. Even if a survey finds “no asbestos identified”, an asbestos register is still necessary to record that presumption, as well as any areas not accessed or presumed to contain the now-banned substance.
What should an asbestos register contain?
A robust asbestos register should include:
- Location details, encompassing precise descriptions supported by plans, diagrams, photographs, and grid references for clarity.
- Identification of ACMs, with information on the type of material (such as asbestos cement sheets or sprayed insulation), as well as extent, and product name if known.
- Condition assessment, addressing the level of damage or “friability” of the material.
- Material and priority risk assessments, adhering to the simple scoring system outlined in the UK Health and Safety Executive (HSE)’s guidance. Material risk – specifically, the likelihood of fibres escaping – needs to be considered alongside priority risk, which covers factors like occupant activity and maintenance frequency.
- Actions required, such as monitoring, sealing, and/or removal of identified ACMs. Dates of any such actions, and evidence of completion, should also be included.
- Presumed areas – parts of the premises where asbestos is merely assumed to be present, and that cannot be investigated due to inaccessibility.
Unfortunately, asbestos registers aren’t always completed and maintained to a high standard. Common weaknesses include vaguely stated locations (such as “somewhere in the roof void”), outdated information, missing photos or plans, or no risk scores. Such mistakes or deficiencies can render asbestos registers useless in practice.
From the HSE’s perspective, registers that are unclear, inaccessible, or out of date may be treated as ineffective, even if a register technically exists.
How is an asbestos register created and kept up to date?
The creation of an asbestos register begins with a competent asbestos survey. In circumstances of the building’s normal occupation and use, the type of asbestos survey to arrange is usually a management survey. Alternatively, if major works are planned at the site, the more intrusive refurbishment or demolition survey will be needed.
Asbestos surveys must be undertaken by qualified and independent professionals. Although it is not a strict legal requirement, the HSE strongly recommends using a surveyor with accreditation from the United Kingdom Accreditation Service (UKAS).
The competence and independence of an asbestos surveyor are both hugely important. Poorly done asbestos surveys can lead to inaccurate registers and heightened risk.
You may understandably be unsure what keeping an asbestos register “up to date” means in practice. It effectively means reviewing the register at least annually, as well as making updates to the register after any works, damage, new surveys, or changes.
Evidence of these reviews and updates may be requested during HSE inspections as part of demonstrating active asbestos management.
How does an asbestos register link to the asbestos management plan (AMP)?
The asbestos register provides the factual record of what asbestos is present, where it is located, and the level of risk it poses. The asbestos management plan (AMP) uses this information to explain how those risks are managed in practice.
In simple terms, the register identifies the risk, while the management plan sets out the controls, monitoring arrangements, and procedures needed to prevent exposure. Together, they demonstrate that asbestos risks are being actively managed, not just documented.
Conclusion: what should responsible persons take away about asbestos registers?
An asbestos register isn’t simply about ticking a legal box. Ultimately, as “live” documents, asbestos registers exist as a means of managing risks.
In fact, a well-maintained and actively used asbestos register goes a long way to protecting individuals, organisations, and reputations. So, in your capacity as a dutyholder, you should be making it your frontline defence against one of the UK’s deadliest legacies.
Crucially, when used alongside an effective asbestos management plan, the register helps demonstrate compliance with the legal duty to manage asbestos under UK law.
To learn more about our far-reaching asbestos management solutions, software, and services at Assets & Compliance Managed Services (ACMS), please don’t hesitate to contact us.
