APC: asbestos for commercial property surveyors

At Level 1 for all these competencies, candidates need to understand what asbestos is and why it is regulated. At Levels 2 and 3, they may be able to provide examples of having dealt with asbestos-related issues or advised a client on the implications of its presence.

This article will take candidates through some of the key issues to consider in relation to the substance, including the new Asbestos: legal requirements and best practice for property professionals and clients RICS guidance note. 

Be aware that, in this article, the term 'ACM' is used to denote asbestos-containing material, but in other contexts it can be used to denote aluminium-composite material in cladding. Candidates should therefore note the differences in their use, and if in doubt state the full name rather than the abbreviation.

If asbestos is disturbed, it releases fibres into the atmosphere that, if inhaled can lead to asbestosis, one of the complications of which can be the cancer mesothelioma. There is often a lag between exposure and health issues, which can be between 20 and 50 years, and around 20 tradespeople die each week in the UK from previous exposure to asbestos. As symptoms tend only to be noticed years after exposure – sadly, once it is too late – this makes asbestos-related diseases extremely challenging to treat.

Surveyors may encounter asbestos-related issues at various stages in the property life cycle, as shown in Figure 1.

If a building was constructed before 2000, then surveyors should always assume that asbestos may be present. The key thing to remember is to seek specialist advice when conducting inspections on all such buildings, as most surveyors will not be qualified to advise clients about asbestos. 

However, at Level 3 candidates can advise clients on the implications of its presence, for instance in valuation instructions or refurbishment/demolition surveys. 

The guidance note replaces the third edition of Asbestos and its implications for surveyors and their clients, which was published before the Control of Asbestos Regulations 2012 came into force. The new document aims not only to ensure that surveyors and their clients comply with the relevant UK legislation, but also reduce their risk of exposure to asbestos. 

Surveyors also need to be aware of the following legislation, regulations and guidance:

The Health and Safety at Work etc. Act 1974, which places a duty of care on them to manage and control asbestos-related risk.

The Control of Asbestos Regulations 2012, which detail specific duties relating to the management of the substance.

The Construction (Design and Management) Regulations (CDM) 2015, which relate to health and safety in construction.

Approved Code of Practice (ACOP) L143, Managing and working with asbestos, second edition, published by the Health and Safety Executive (HSE).

HSG264, Asbestos: The Survey Guide, second edition, also published by HSE.

Other government guidance, such as CL:AIRE guidance on asbestos in soil (CAR-SOIL).

All surveyors should have received asbestos awareness training in line with the Control of Asbestos Regulation 10 as well, including how to identify asbestos when inspecting premises.

Where the duty to manage under regulation 4 does not apply, a duty arises under sections 2 and 3 of the 1974 Act for anyone conducting business, e.g. landlords, to minimise the risk from asbestos to the health and safety of others in domestic premises. The Defective Premises Act 1972 and the Homes (Fitness for Human Habitation) Act 2018 also emphasise this duty in domestic premises. The duty can be fulfilled by ensuring that an asbestos register is available, assessing the risk of any asbestos present and making this information available to anyone liable to disturb it.

Appendix B of the guidance note sets out how to identify the dutyholder, and how the duty to manage applies to a variety of asset types. Where an organisation owns premises, for instance, it will be the dutyholder and have an obligation to manage asbestos and ensure the safety of its staff.

Where a managing agent is instructed, the landlord as the dutyholder cannot delegate the statutory duty to manage asbestos. However, the landlord can claim – contractually, or in tort for a non-contractual duty – against the agent if any action or inaction contributes to the former's failure to comply as a dutyholder. The agent will also have a duty to manage asbestos risk under the 1974 Act. If the landlord is absent the dutyholder may acquire additional responsibilities, because they may be considered to be in charge of the property.

If a surveyor is instructed to carry out refurbishment or building works, they may have a contractual duty and direct responsibility under regulation 5 to collate information on asbestos risk in the form of refurbishment/demolition survey before works commence. This could include ensuring the client provides this as part of the pre-construction information required under CDM 2015.

There are many other instances where surveyors may acquire or have a duty of care in relation to asbestos risk management, so they should ensure they read the guidance note in full.

The asbestos register should be updated annually, or more frequently if the risk of deterioration is high. It should also be provided to contractors or surveyors when inspections or work are being carried out.

The management plan should be reviewed every six months or after refurbishment, change of use, or revisions to company procedures.

If asbestos needs to be removed, then contractors must comply with the 2012 Regulations. Higher-risk work is generally required to be undertaken by a licensed contractor (licensable work), e.g., removing sprayed coatings or work involving loose fill insulation. 

For the removal of licensable asbestos, workers need to be on the licence list. Non-licensable asbestos means, as would be expected, that contractors do not generally need to be licensed, but they must be suitably trained all the same. However, in some cases even non-licensed work must be notified to HSE, written records kept and contractors placed under health surveillance by their GP.

In any case, all ACMs must be disposed of at a site licensed by the Environment Agency.

A lack of understanding is likely to lead to a referral during the APC – particularly because providing a high standard of service and promoting trust in the profession are two of the five professional and ethical standards. 

Jen Lemen FRICS is a partner at Property Elite, providing training and support to APC and AssocRICS candidates

Contact Jen: Email

Related competencies include: Health and safety, Inspection