Do I Need an Asbestos Survey for a Commercial Property?

Do I Need an Asbestos Survey for a Commercial Property?

If you own, manage, or occupy a commercial property built before the year 2000, you are very likely to have a legal obligation relating to asbestos. This is not a grey area. The Control of Asbestos Regulations 2012 place a specific duty to manage asbestos on those responsible for non-domestic premises.

Understanding whether you need a survey, what type of survey is appropriate, and when it must be carried out is a core compliance requirement for any business operating in older buildings.

Who Has a Legal Duty to Manage Asbestos in Commercial Buildings?

Regulation 4 of the Control of Asbestos Regulations 2012 creates what is known as the ‘duty to manage’. This duty falls on the ‘dutyholder’, which can be:

The building owner (if no other specific duty applies)
The employer or person in control of the premises
The managing agent acting on behalf of the owner
A tenant with full repairing obligations under a lease

In practice, this means that if you have a degree of control over maintenance or repair of a non-domestic property, you are likely to be a dutyholder. The duty applies regardless of whether you own the freehold or occupy under a lease.

What Does the Duty to Manage Require?

The duty to manage under Regulation 4 requires dutyholders to:

Find out if asbestos-containing materials (ACMs) are present in the property
Assess the condition and risk of any ACMs found
Produce an asbestos management plan
Maintain a register of all ACMs
Ensure the information is shared with anyone who may disturb the materials
Monitor the condition of ACMs regularly
Arrange for their management, repair, or removal where necessary

The starting point for all of this is a survey.

What Types of Asbestos Survey Are Available for Commercial Properties?

There are two main types of asbestos survey used in commercial settings.

Management Survey

A management survey is the standard survey required under the duty to manage. Its purpose is to locate, as far as is reasonably practicable, all ACMs in the building that could be disturbed during normal occupation and maintenance activities.

This type of survey involves a visual inspection and minor intrusive sampling where appropriate. It does not involve opening up concealed voids or full structural investigation. It is suitable for properties that are occupied and in normal use.

Refurbishment and Demolition Survey

A refurbishment and demolition survey is required before any significant building work begins. This includes office refits, structural alterations, demolition, and major maintenance work.

This type of survey is far more intrusive than a management survey. It involves accessing areas that would normally be concealed, including ceiling voids, wall cavities, floor construction, and ductwork. The objective is to locate all ACMs before they are potentially disturbed by the planned works.

This survey is required even if a management survey has already been completed, as it covers areas not accessible during routine inspection.

When Is an Asbestos Survey Legally Required for a Commercial Property?

An asbestos survey is legally required in the following circumstances:

Before any refurbishment or demolition work begins, under Regulation 7 of the Control of Asbestos Regulations 2012
As part of fulfilling the duty to manage under Regulation 4, if asbestos is reasonably likely to be present
Before a building changes hands or is let, where the dutyholder needs to establish the asbestos status of the property

There is no specific legal duty requiring a management survey to be completed by a particular date. However, the obligation to manage asbestos effectively means that a dutyholder who has not carried out a survey and cannot demonstrate that asbestos is absent or is being managed is in breach of the regulations.

What If I Have Evidence That No Asbestos Is Present?

Under the regulations, a dutyholder can take the view that asbestos is not present, but only if they have strong grounds for doing so. This might apply to a building constructed entirely after 2000, or to a property where a comprehensive asbestos survey has already confirmed no ACMs are present.

Simply assuming no asbestos is present without evidence is not acceptable. The HSE has prosecuted dutyholders who failed to take reasonable steps to identify ACMs before work began.

Who Can Carry Out a Commercial Asbestos Survey?

Commercial asbestos surveys must be carried out by a competent surveyor. For management surveys, this typically means a surveyor with appropriate qualifications and experience. For refurbishment and demolition surveys, UKAS accreditation of the surveying organisation provides an additional level of assurance.

Mid Essex Group provides management surveys, refurbishment surveys, and demolition surveys for commercial properties across Essex and London. Our surveyors are experienced in working within occupied buildings with minimal disruption to daily operations.

How Often Do I Need to Renew a Commercial Asbestos Survey?

An asbestos survey does not have a fixed expiry date. However, the asbestos management plan must be reviewed and updated regularly. The HSE recommends periodic re-inspection of ACMs, particularly those rated as being in fair or poor condition. If significant work has been carried out on the building, or if the use of the premises has changed, the survey may need to be updated.

The condition of ACMs should be reviewed at least annually, and the management plan updated to reflect any changes.

Frequently Asked Questions

Disclaimer: This article provides general information about asbestos survey requirements for commercial properties and does not constitute legal advice. Specific legal obligations depend on individual circumstances and the nature of your interest in the property. Consult a qualified asbestos surveyor and, where necessary, a solicitor familiar with commercial property law.