Asbestos in Commercial Buildings: What Every Owner & Tenant Must Know

Asbestos is still present in millions of UK commercial buildings. If your property was built or refurbished before the year 2000, there is a significant chance it contains asbestos-containing materials (ACMs). As a property owner, manager or employer, you have legal duties under the Control of Asbestos Regulations 2012 — and getting this wrong can have serious consequences.

Asbestos was not banned in the UK until 1999. Before that date, it was used extensively in commercial construction — in floor tiles, ceiling tiles, pipe lagging, roof sheets, partition boards, fire doors, gutters and hundreds of other building products. Many of these materials are still in place today, quietly sitting inside the fabric of offices, warehouses, retail units, schools and factories across the country.

The health risks of asbestos fibre inhalation are well documented. Mesothelioma, asbestosis and lung cancer are all linked to asbestos exposure. For this reason, the law imposes strict duties on those who own or manage non-domestic buildings — and a commercial building survey is one of the key tools used to identify potential asbestos issues before they become a legal or financial problem.

What Is Asbestos and Why Is It Dangerous?

Asbestos is a naturally occurring fibrous mineral that was widely used in building materials from the 1950s through to the late 1990s because of its exceptional fire resistance, insulating properties and durability. There are three main types that were used commercially in the UK:

• Crocidolite (blue asbestos) — the most dangerous type; banned in the UK in 1985
• Amosite (brown asbestos) — also highly dangerous; banned in 1985
• Chrysotile (white asbestos) — the most common type; still used in some countries but banned in the UK in 1999

The danger comes from the tiny fibres that asbestos releases when materials are disturbed or damaged. These fibres are invisible to the naked eye. When inhaled, they can lodge permanently in the lungs and, over time, cause deadly diseases. The tragic irony is that the diseases typically take 20–40 years to develop, which means many people who were exposed to asbestos in the 1970s and 1980s are still at risk today.

Where Is Asbestos Found in Commercial Buildings?

Asbestos can appear in many different parts of a commercial building. Some of the most common locations include:

• Ceiling tiles — particularly acoustic ceiling tiles in offices and public buildings
• Floor tiles and floor tile adhesive — especially vinyl floor tiles, which often contained chrysotile
• Pipe and boiler lagging — spray-applied or pre-formed pipe insulation
• Roof sheets — corrugated cement asbestos sheets used on industrial and agricultural buildings
• Soffit boards and fascias — particularly on pre-1980s commercial buildings
• Partition walls and ceiling boards — Artex and similar textured coatings often contained asbestos
• Fire doors — fire-resistant infill panels in older fire doors
• Plant rooms and services areas — spray-applied fire protection on structural steel
• Gutters and downpipes — asbestos cement guttering on older industrial buildings

When a commercial building surveyor inspects a pre-2000 property, identifying potential asbestos-containing materials is a standard part of the inspection process. Where ACMs are suspected, the surveyor will flag these in the report and typically recommend a specialist asbestos survey for confirmation and sampling.

Your Legal Duties: The Control of Asbestos Regulations 2012

The Control of Asbestos Regulations 2012 (CAR 2012) is the principal piece of UK legislation governing asbestos in non-domestic buildings. The key duty imposed by CAR 2012 is the duty to manage asbestos — Regulation 4.

Regulation 4 applies to the person who has responsibility for maintaining or repairing a non-domestic property. This is typically:

• The freehold owner of the building (if managing it directly)
• The tenant under a full repairing lease
• The managing agent if appointed to manage the property

The duty to manage requires the "dutyholder" to:

1. Identify the location and condition of asbestos-containing materials (or assume materials may contain asbestos where it is not certain)
2. Assess the risk from ACMs — considering their condition, likelihood of disturbance, and potential for exposure
3. Prepare a written plan to manage the risk — an asbestos management plan
4. Take steps to ensure the plan is implemented and regularly reviewed
5. Provide information about the asbestos to anyone who might disturb it — contractors, maintenance workers, etc.

Failing to comply with the duty to manage asbestos is a criminal offence. The Health and Safety Executive (HSE) can prosecute, and fines can be substantial. There have been cases of directors being personally prosecuted and imprisoned for serious failures.

Types of Asbestos Survey

There are two main types of formal asbestos survey defined under HSE guidance (HSG264):

Management Survey

A management survey is the standard survey required to manage asbestos during the normal occupation and use of a building. It aims to locate, as far as reasonably practicable, the presence and extent of any suspected ACMs in the building and assess their condition. It involves a thorough visual inspection and, where necessary, minor intrusive work (such as lifting floor tiles or inspecting accessible ceiling voids).

A management survey should be carried out by a UKAS-accredited asbestos surveyor. The output is a detailed asbestos register — a record of every suspected or confirmed ACM, its location, condition, and assessed risk. This register forms the basis of the asbestos management plan.

Refurbishment and Demolition (R&D) Survey

A refurbishment and demolition survey is required before any major refurbishment or demolition work is carried out. It is more intrusive than a management survey and aims to locate all ACMs in the areas of the building that will be affected by the work. This type of survey is fully destructive in the affected areas — it involves opening up walls, lifting floors and accessing all voids.

An R&D survey must be completed before any refurbishment or demolition contractor begins work. Failure to do so puts contractors and their workers at serious risk and exposes the building owner to significant legal liability.

What Happens If Asbestos Is Found?

Finding asbestos in a commercial building does not automatically mean it needs to be removed. This is one of the most important points to understand. Asbestos that is in good condition and is unlikely to be disturbed can safely be managed in situ — left where it is, monitored and recorded.

Removal is typically required when:

• Asbestos is in poor or deteriorating condition (friable, damaged or crumbling)
• The asbestos is in a location where it is likely to be disturbed — by maintenance work, refurbishment or simply through wear and tear
• The building is being demolished
• The type of asbestos is high-risk (blue or brown asbestos)

Where removal is required, this must be carried out by a licensed asbestos removal contractor, regulated and licensed by the HSE. Any contractor who carries out asbestos removal without an HSE licence is committing a criminal offence — and the building owner who permits it to happen may also be liable.

Asbestos and Commercial Building Surveys

A commercial building survey is not the same as a specialist asbestos survey. However, it is an important first step. During a full commercial building survey, our surveyors will:

• Visually identify materials that may contain asbestos
• Note the age of the building and construction methods that suggest potential ACM locations
• Review any existing asbestos register or management plan provided by the vendor or landlord
• Flag any visible damage or deterioration of suspected ACMs
• Recommend specialist asbestos testing where ACMs are suspected

If you are buying or leasing a commercial property and the building was constructed before 2000, always confirm whether an up-to-date asbestos management survey has been carried out. Ask to see the asbestos register and management plan as part of your pre-contract due diligence.

Our surveyors have identified suspected asbestos-containing materials on numerous commercial inspections — from ceiling tiles in 1970s office blocks to pipe lagging in industrial units dating back to the 1960s. In each case, we flag the finding clearly in the survey report and provide guidance on the next steps. Read more about our commercial building survey service.

Asbestos and Dilapidations

Asbestos can also have significant implications at the end of a commercial lease. If asbestos is discovered at dilapidations stage — or if existing asbestos has been disturbed or damaged during the tenancy — the costs of remediation can be enormous and the legal position is complex.

Ideally, the position of any ACMs in the property should be documented and agreed at the start of the lease — in the asbestos register and in a schedule of condition. This protects both landlord and tenant by establishing the baseline condition of any ACMs at the point of entry. Without this baseline, disputes about who is responsible for asbestos remediation at the end of the lease can become extremely contentious and costly.

If you are currently involved in a dilapidations dispute that involves asbestos, it is important to take specialist legal and surveying advice as early as possible. The costs of getting this wrong are significant.

A Case Study: Asbestos Identified Before Purchase Saves £120,000

In early 2024, we carried out a full commercial building survey on a 1970s office building in the East Midlands for a client who was in the process of purchasing the property for conversion to serviced offices. The asking price was £875,000.

During our inspection, we identified multiple areas of suspect ACMs — including artex ceilings on three floors, floor tile adhesive throughout the ground floor, and pipe lagging in the basement plant room. We recommended an R&D asbestos survey before exchange.

The R&D survey confirmed the presence of chrysotile in the artex and floor tile adhesive, and amosite (brown asbestos) in the plant room lagging. The removal and disposal costs were estimated at £118,000 — a figure that had not been factored into the acquisition business case at all.

Armed with this information, our client renegotiated the purchase price down by £120,000 and obtained a specific contractual warranty from the vendor regarding the scope of asbestos. The survey fee paid for itself many times over.

Summary and Key Actions

If you own, manage or are considering acquiring a commercial building built before 2000, asbestos should be on your checklist. Here are the key actions to take:

• ✅ Commission a management asbestos survey if one does not already exist
• ✅ Maintain an up-to-date asbestos register and management plan
• ✅ Ensure all contractors are given access to the asbestos register before starting work
• ✅ Commission an R&D survey before any significant refurbishment or demolition
• ✅ Include asbestos review as part of any commercial building survey or technical due diligence
• ✅ Document ACM condition in a schedule of condition at lease commencement

Frequently Asked Questions