Asbestos was widely used in UK building materials until it was banned in 1999. Any property built or significantly refurbished before 2000 may contain ACMs — including floor tiles, ceiling tiles, pipe lagging, roof sheets, textured coatings (Artex), and insulating board. As a landlord, your obligations differ depending on whether you own the common parts of a building or individual residential units.
The key principle under CAR 2012 is the 'duty to manage': if you are the responsible person (the person who controls a non-domestic premises, or the common parts of a domestic building such as a block of flats), you must take reasonable steps to find ACMs, assess the risk, and manage that risk. For private residential landlords letting individual houses or flats, the duty applies primarily to the common parts of multi-occupancy buildings, not to the interior of individual tenanted dwellings.
Who the duty to manage applies to
The CAR 2012 duty to manage applies to the 'duty holder' — usually the person with control of a non-domestic premises or the common parts of a domestic building:
- Blocks of flats (common parts): The freeholder, managing agent, or RTM company controlling the common parts (stairwells, corridors, plant rooms, roof voids) has the duty to manage asbestos in those areas. Each individual flat owner/landlord does not hold the duty for common parts
- Houses in Multiple Occupation (HMOs): HMOs are classed as non-domestic premises for CAR 2012 purposes. The landlord or licence holder of an HMO has the full duty to manage asbestos throughout the property, including in all rooms and communal areas
- Individual houses let to a family: Strictly speaking, the duty does not apply to purely domestic premises let to a single household, but best practice and many lender requirements mean a management survey should still be obtained
- Converted properties with shared areas: Any shared entrance hall, roof space, or utility room in a converted property will trigger the duty for the landlord or managing agent controlling those parts
- If you are unsure whether the duty applies to your specific property, assume it does and commission a survey — the cost of compliance is modest compared to the potential criminal liability
Types of asbestos survey
There are three types of asbestos survey. The correct type depends on what is planned for the property:
- Management survey: The standard survey for occupied or 'in use' properties. A UKAS-accredited surveyor inspects all reasonably accessible areas and produces a written report identifying ACMs, their location, condition, and risk rating. This is the survey used for ongoing asbestos management of a let property
- Refurbishment survey: Required before any refurbishment work that could disturb building fabric (replastering, rewiring, installing new ceilings, converting a loft). More intrusive than a management survey — the surveyor will open up cavities and sample materials that may be disturbed. Must be carried out in advance of the works, not during them
- Demolition survey: Required before the demolition of a building or part of a building. The most destructive type — every suspect material is identified and sampled
- A management survey does not satisfy the requirement for a refurbishment survey. If you commission a management survey and then decide to refurbish, you need a separate refurbishment survey for the areas to be disturbed
- All asbestos surveys should be carried out by a surveyor accredited by UKAS (United Kingdom Accreditation Service) to ISO/IEC 17020. Check the surveyor's UKAS accreditation number before instructing them
The asbestos management plan — what it must contain
Once ACMs are identified, you must put a written asbestos management plan in place. The plan must record:
- The location, type, and condition of all ACMs identified by the survey
- The risk rating assigned to each ACM (priority risk rating: score from 0–60, derived from material score and assessment score)
- What action has been taken or will be taken — management in situ, encapsulation, or removal
- Who is responsible for managing each ACM (the duty holder's name and role)
- How ACMs will be monitored over time — inspection frequency (typically annually for materials in good condition, more frequently for damaged or at-risk materials)
- How contractors and other workers accessing the property will be informed of ACM locations — usually through a written handover of the register at the start of any works
- The plan must be kept up to date and reviewed whenever there is a change in the condition of ACMs or work is carried out that affects the building fabric
Practical steps for landlords of pre-2000 properties
A step-by-step approach to satisfying the CAR 2012 duty:
- Step 1 — Presume and survey: Presume ACMs are present in any pre-2000 property unless there is strong evidence they are not. Commission a UKAS-accredited management survey
- Step 2 — Assess the risk: Review the survey report. For each ACM, the surveyor will assign a risk score. High-scoring materials (damaged insulation, friable ceiling tiles) require prompt action; low-scoring materials in good condition (undamaged floor tiles, external cement sheeting) can be managed in situ
- Step 3 — Produce the management plan: Use the survey report to create a written asbestos management plan. Keep this document on file — it will be needed before any contractor starts work
- Step 4 — Inform contractors: Before any tradesperson carries out work at the property, provide them with a copy of the asbestos register and survey report. Contractors have the right to this information; withholding it creates serious liability
- Step 5 — Monitor annually: Re-inspect ACMs managed in situ at least annually, or more frequently if there is any reason to think their condition has deteriorated
- Step 6 — Update after any works: If refurbishment is carried out, commission a refurbishment survey first. After completion, update the management plan to reflect the current state of the building
Penalties for non-compliance
The Health and Safety Executive (HSE) enforces CAR 2012. Non-compliance can result in:
- Unlimited fines on conviction in the Crown Court
- Up to two years' imprisonment for the duty holder
- Prohibition notices requiring work to stop immediately until compliance is achieved
- Improvement notices requiring remediation within a specified period
- HSE enforcement visits are triggered by tenant complaints, contractor reports, or HSE intelligence — landlords of HMOs are particularly likely to be scrutinised as the duty clearly applies
- Civil liability: if a tenant, contractor, or visitor develops an asbestos-related disease (mesothelioma, asbestosis, asbestos-related lung cancer) and it can be linked to a failure to manage ACMs, the landlord faces significant civil damages claims
- Insurance: many landlord buildings insurance policies require you to have carried out an asbestos survey and have a management plan in place — failure to do so can invalidate your policy
Frequently asked questions
Do I need an asbestos survey for a house I let to a single family?+
Strictly speaking, the CAR 2012 'duty to manage' applies to non-domestic premises and the common parts of domestic buildings, not to the interior of a house let to a single household. However, best practice guidance from the HSE and requirements from many buy-to-let mortgage lenders and landlord insurers mean that a management survey is advisable for any pre-2000 property. If you ever carry out refurbishment works, a refurbishment survey is a legal requirement regardless of the type of tenancy.
Does the duty apply if I recently bought a pre-2000 property with no survey?+
Yes. The duty attaches to the responsible person — the person in control of the premises — not to a previous owner. If you have bought a property and there is no asbestos survey or management plan, you have inherited the duty to obtain one. The previous owner's failure to comply does not discharge your own obligation. Commission a UKAS-accredited survey as soon as practicable after acquisition.
Can I remove asbestos myself?+
In most cases, no. The removal of most types of asbestos-containing materials in commercial or common-part domestic settings requires a licensed contractor (licensed by the HSE under CAR 2012 Regulation 8). Certain lower-risk work (removing non-licensed ACMs such as textured coatings in good condition covering a small area) may be carried out by non-licensed contractors, but only with proper training and personal protective equipment, and with notification to the relevant enforcing authority. Unlicensed removal of licensable materials is a criminal offence. Always take professional advice before any asbestos removal.
How much does a landlord asbestos management survey cost?+
Management survey costs vary by property size and location. A typical 2–3 bedroom pre-2000 house costs £200–£350. A larger Victorian terrace or HMO with more rooms and greater building complexity will cost £300–£600. Flat blocks with common parts require separate surveys for the common areas (commissioned by the freeholder/managing agent) and may cost more for larger blocks. Refurbishment surveys cost more than management surveys because they are more intrusive. Always obtain at least two quotes from UKAS-accredited surveyors.