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Who do the Control of Asbestos Regulations apply to?

Different people are affected by the Control of Asbestos Regulations 2012 at different periods. If you’re wondering when the Control of Asbestos Regulations 2012 apply to you, this article will help you figure out when it does.

Explaining the Control of Asbestos regulations

To begin with, ‘Duty Holders’ and ‘Employers’ are the two main sorts of people who are subject to asbestos legislation. These people frequently enlist the help of others to fulfil their tasks. Safety officials, managers, maintenance personnel, and estate managers are just a few examples. It’s not always easy to figure out who the ‘responsibility holder’ is. Within a school for example, it may be the principal, the local government, or even the chair of the board of governors.

If you’re not sure if you’re a duty holder or if the regulations apply to you, you should seek expert help. The obligation entails a variety of responsibilities that must be fulfilled to comply with current legislation – The Control of Asbestos Regulations 2012.

What requirements are under the Asbestos Control Regulations of 2012?

The Control of Asbestos Regulations 2012 are widely believed to apply to structures constructed before the year 2000. Asbestos was outlawed in the United Kingdom in late 1999.

Asbestos management is a requirement for “non-residential property” meaning an asbestos survey must be carried out. When work is to be done on a domestic residence, asbestos surveys and information may still be necessary.

The control of asbestos legislation will apply to you as a duty holder, and it is your responsibility to ensure that the premises have an up-to-date asbestos registry. Any person who works in the building or arrives to undertake work in the facility should have access to this (within reason). If a tradesman enters a building for which you are responsible and exposes themselves or others to asbestos, the duty holder and/or the tradesmen’s employer are both responsible for the exposure.

Anyone who is the acting duty bearer is also responsible for ensuring that asbestos is securely managed through the implementation of a well-defined asbestos management strategy. Following any material changes, an asbestos management plan should be revised, and all asbestos-containing items should be inspected at least once a year.

Contractors and maintenance employees can cause asbestos-containing materials (ACMs) to deteriorate or get damaged if they are not properly managed. Therefore, it is essential to work with qualified professionals.

Who is responsible for employee’s safety regarding asbestos?

Under the asbestos legislation, employers are accountable for the safety of their employees.

Employers have a responsibility to safeguard their employees from asbestos exposure (which may occur because of their work) and to ensure that they are properly trained to do so. ‘Asbestos Awareness Training’ is the name given to this form of training.

To put it another way, when an employee goes to a property built before 2000, they should have, or be able to, acquire adequate asbestos information about the location where they want to operate. This holds true for both business and residential properties.

Any work that needs to be done should be arranged by their employer to ensure that asbestos is not disturbed, protecting the employee as well as anyone who may be working in the building or on the site.

In addition to this, the employer should guarantee that the correct asbestos survey is in place. This would be a ‘management asbestos survey’ for non-invasive work, or a ‘refurbishment/demolition asbestos survey’ for work that will harm the building’s fabric.

There should be no work done on properties built before the year 2000 without an asbestos registration, survey, or adequate evaluation. In many cases, this will require the services of a an asbestos surveyor – such as ourselves here at South East Asbestos Surveys. Only a licenced HSE contractor or a suitably trained employee should work on asbestos-containing materials. If you need to work with asbestos-containing materials, asbestos awareness training is not the enough, you will require additional training.

Get in touch for more information

For further information about the Control of Asbestos Regulations, you can contact our team via phone on 07872 054963 or email on for professional advice.

Steven Hurst


I set up SE Asbestos Surveys more than 20 years ago, and we’ve come a long way since then! Today, we are your go-to local business for everything asbestos-related and more. The best part? Our in-house team handles it all, allowing us to offer you unbeatable prices.

Give me a buzz on the mobile to find out more. 


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