Asbestos Management in Blocks of Flats: A Complete Guide
A comprehensive guide to asbestos management block of flats for freeholders, managing agents, and leaseholders. Understand your obligations under the Control of Asbestos Regulations 2012, learn who is responsible for preventing your exposure to asbestos in communal areas, and discover how a professional managing agent fulfils the asbestos duty holder role to keep residents safe and your building compliant with current legislation.
Asbestos in Blocks of Flats: What You Need to Know
Asbestos was widely used in building construction across the United Kingdom from the 1950s until it was fully banned in 1999. Any block of flats built or refurbished before the year 2000 may contain asbestos-containing materials (ACMs) in its structure, communal areas, or individual flats. Understanding where asbestos is likely to be found is the first step in effective asbestos management block of flats and is essential for protecting the health of residents, contractors, and anyone who enters the building.
The age of the building is the single most important factor in assessing asbestos risk. Buildings constructed between the 1960s and 1980s are most likely to contain significant quantities of asbestos-containing materials. However, buildings constructed or refurbished at any time up to 1999 may still contain ACMs, as asbestos was not fully prohibited until that date. The duty to manage asbestos applies regardless of when the building was constructed - if it contains non-domestic premises such as communal hallways, the regulations apply.
Common locations where asbestos is found in blocks of flats include textured decorative coatings such as Artex on ceilings and walls, vinyl floor tiles and the adhesive used to bond them, insulation around pipes and boilers (pipe lagging), asbestos insulating board used in ceiling tiles, partition walls, and fire stops, asbestos cement products in roof soffits, fascias, downpipes, and flue pipes, and spray-coated asbestos applied to structural steelwork or the underside of roofs. In communal areas, asbestos may be present in boiler rooms, riser cupboards, lift shafts, roof spaces, and service ducts.
It is impossible to identify asbestos by sight alone. Only a laboratory analysis of a sample taken by a qualified surveyor can confirm whether a material contains asbestos. This is why the control of asbestos regulations apply to all non-domestic premises and require a formal survey to be carried out. For a detailed overview of how we manage asbestos across all building types, visit our asbestos management service page.
The Legal Requirements: Control of Asbestos Regulations 2012
The Control of Asbestos Regulations 2012 are the primary legislation governing asbestos management in England, Scotland, and Wales. These regulations consolidate previous asbestos legislation and set out the legal framework that the asbestos duty holder must follow to protect anyone who may be exposed to asbestos fibres. The control of asbestos regulations apply to all non-domestic premises, which in the context of a block of flats means the communal areas - hallways, stairwells, boiler rooms, lift shafts, risers, roof spaces, and all other common parts.
Regulation 4 of the Control of Asbestos Regulations 2012 imposes the duty to manage asbestos on every person who has maintenance and repair obligations for non-domestic premises. This duty requires the duty holder to take reasonable steps to determine whether the building contains asbestos-containing materials, to assess their condition, to prepare a written management plan, and to ensure that the plan is implemented and kept up to date. The obligation has been in force since the original duty to manage asbestos was introduced under earlier regulations, and buildings constructed before 1985 are considered to carry the highest risk.
An asbestos management survey must be carried out by a UKAS-accredited surveyor to identify the location, type, and condition of asbestos-containing materials in all accessible areas. The survey results are recorded in an asbestos register, which must be kept on site or readily available and shared with anyone who needs to carry out work in the building. A refurbishment or demolition survey is required before any intrusive works begin, even if a management survey has already been completed.
Non-compliance with the Control of Asbestos Regulations 2012 is a criminal offence enforced by the Health and Safety Executive. Penalties include unlimited fines and imprisonment. Beyond criminal sanctions, a failure to manage asbestos properly exposes the duty holder to civil claims for damages if anyone is harmed as a result of asbestos exposure. For a broader overview of your statutory obligations, see our health and safety compliance page.
Who Is Responsible for Asbestos in a Leasehold Block?
Understanding who is responsible for preventing your exposure to asbestos in a leasehold block of flats is essential for freeholders, managing agents, and leaseholders. The Control of Asbestos Regulations 2012 place the duty to manage asbestos on the person who has the obligation to maintain and repair the non-domestic parts of the building. In most leasehold structures, this is the freeholder, who is therefore the asbestos duty holder.
The Freeholder as Duty Holder
The freeholder is the asbestos duty holder for the communal parts of a block of flats. This means the freeholder bears the legal responsibility for commissioning asbestos surveys, maintaining the asbestos register, implementing the management plan, and ensuring that anyone who may disturb asbestos-containing materials is informed of their presence. Even where a managing agent or RTM company is appointed, the underlying duty cannot be delegated away - only the practical day-to-day management. For a full overview of these obligations, visit our freeholder responsibilities guide.
The Managing Agent's Role
In practice, the freeholder appoints a professional managing agent to discharge the duty to manage asbestos on their behalf. The managing agent commissions surveys, maintains the register, implements the management plan, arranges re-inspections, and briefs contractors before any work begins in the communal areas. The agent acts as the operational arm of the duty holder, and a failure to manage asbestos competently can expose both the agent and the freeholder to enforcement action. Learn more about agent obligations on our managing agent responsibilities page.
Leaseholder Obligations
Individual leaseholders are generally responsible for the interior of their own flat, including any asbestos-containing materials within their demise. However, leaseholders must cooperate with the asbestos duty holder by allowing access for surveys, not disturbing suspected asbestos-containing materials without professional assessment, and informing the managing agent before carrying out any refurbishment works that could release asbestos fibres. For details on these and other leaseholder rights and responsibilities, see our dedicated guide.
The question of who is responsible for preventing your exposure to asbestos has a clear answer: the duty holder, supported by a competent managing agent, is responsible for managing asbestos in the communal areas. Individual leaseholders share responsibility within their own flats. This layered approach ensures that asbestos risks are managed comprehensively across the entire building.
How Your Managing Agent Manages Asbestos
Effective asbestos management block of flats requires a systematic, ongoing approach that goes well beyond a one-off survey. At Block, our asbestos management service is designed to fulfil every aspect of the asbestos duty holder obligation on behalf of our clients. The following commitments form the core of our approach.
- Commissioning a UKAS-accredited management asbestos survey to identify, record, and assess all asbestos-containing materials in the communal areas of the building
- Maintaining a comprehensive asbestos register that records the location, type, condition, and risk rating of every identified or presumed asbestos-containing material
- Preparing and implementing a written asbestos management plan in full compliance with the Control of Asbestos Regulations 2012, setting out monitoring schedules, access protocols, and emergency procedures
- Scheduling regular re-inspections of all identified asbestos-containing materials to monitor their condition and update the register and management plan accordingly
- Briefing every contractor before any maintenance, repair, or refurbishment work begins in the communal areas, providing them with the asbestos register and ensuring they understand where asbestos is present
- Where removal is necessary, instructing licensed asbestos removal contractors, overseeing the work, and obtaining clearance certificates before the area is re-occupied
Asbestos management sits within our broader health and safety compliance framework, which covers all statutory obligations for blocks of flats including fire safety, gas safety, electrical testing, and legionella risk assessments. By managing all compliance disciplines through a single coordinated system, we eliminate the risk of gaps and provide freeholders with a clear, auditable record of their building's compliance status.
The cost of asbestos surveys, management plans, re-inspections, and any necessary removal works in the communal areas is recoverable through the service charge. We budget for these costs transparently so that leaseholders can see exactly what they are paying for and why. Proper budgeting avoids unexpected demands and ensures that your building's asbestos obligations are met consistently year after year.
Frequently Asked Questions About Asbestos Management in Blocks of Flats
Does a block of flats need an asbestos survey?
Yes, a block of flats needs an asbestos survey if it was built or refurbished before the year 2000. The Control of Asbestos Regulations 2012 impose a duty to manage asbestos in all non-domestic premises, which includes the communal areas of residential blocks such as hallways, stairwells, boiler rooms, risers, and roof spaces. A management asbestos survey must be carried out to identify the location, type, and condition of any asbestos-containing materials. The survey must be conducted by a UKAS-accredited surveyor and forms the basis of the building's asbestos register and management plan. Without a survey, the duty holder cannot demonstrate compliance with the regulations and may face enforcement action from the Health and Safety Executive.
What happens if your flat has asbestos?
If your flat contains asbestos-containing materials, this does not necessarily mean there is an immediate danger. Asbestos that is in good condition, undamaged, and unlikely to be disturbed generally poses a low risk and can be safely managed in place. The key principle under the Control of Asbestos Regulations 2012 is that asbestos-containing materials must be identified, recorded in the asbestos register, assessed for condition, and monitored through regular re-inspections. If the material is in poor condition, damaged, or likely to be disturbed by maintenance or refurbishment works, it must be repaired, sealed, or removed by a licensed asbestos removal contractor. Leaseholders should always check with their managing agent before carrying out any works within their flat that could disturb asbestos-containing materials.
How much does it cost to remove asbestos from a flat?
The cost of asbestos removal from a flat varies significantly depending on the type of asbestos, the quantity, its location, and the complexity of the removal work. Small-scale removal of non-licensed materials such as asbestos floor tiles or textured coatings may cost between five hundred and two thousand pounds. Licensed removal of higher-risk materials such as asbestos insulating board or spray-coated asbestos can cost several thousand pounds or more. In a block of flats, asbestos removal in communal areas is typically funded through the service charge, and leaseholders should be consulted under Section 20 procedures where the cost exceeds the qualifying threshold. Your managing agent should obtain competitive quotations from licensed contractors and ensure all work is carried out in accordance with the Control of Asbestos Regulations 2012.
Is it a legal requirement to have an asbestos management plan?
Yes, it is a legal requirement under Regulation 4 of the Control of Asbestos Regulations 2012 for the duty holder of non-domestic premises to prepare and implement an asbestos management plan. In a block of flats, the communal areas are classified as non-domestic premises and therefore fall within the scope of the regulations. The management plan must record the location and condition of all known or presumed asbestos-containing materials, set out the measures in place to manage those materials safely, establish a schedule of re-inspections, and include procedures for informing anyone who may disturb the materials during maintenance or repair works. Failure to maintain an up-to-date asbestos management plan is a criminal offence enforceable by the Health and Safety Executive.
Who is responsible for asbestos in a leasehold property?
In a leasehold block of flats, the freeholder is the duty holder responsible for managing asbestos in the communal areas under the Control of Asbestos Regulations 2012. This responsibility covers all common parts including hallways, stairwells, lift shafts, boiler rooms, risers, roof spaces, and any other area outside the demise of individual flats. Where a managing agent is appointed, the day-to-day management of asbestos compliance is typically delegated to the agent, but the ultimate legal duty remains with the freeholder. Individual leaseholders are generally responsible for asbestos within their own flat, but they must cooperate with the managing agent by allowing access for surveys and by not disturbing asbestos-containing materials without proper assessment and, where necessary, licensed removal.
Who is responsible for managing asbestos?
The person responsible for managing asbestos is known as the duty holder under the Control of Asbestos Regulations 2012. In a block of flats, the duty holder is the person or organisation that has the obligation to maintain and repair the non-domestic parts of the building, which is typically the freeholder. The duty to manage asbestos requires the duty holder to take reasonable steps to find out whether the building contains asbestos, assess its condition, prepare a management plan, and ensure that anyone who may work on or disturb asbestos-containing materials is given the relevant information. Where a professional managing agent is appointed, the agent acts on behalf of the duty holder to commission surveys, maintain the asbestos register, implement the management plan, and brief contractors before any work begins in areas where asbestos may be present.
Expert Asbestos Management for Your Block
Whether you need help with asbestos management block of flats compliance, require a survey and management plan under the Control of Asbestos Regulations 2012, or are looking for a managing agent that takes asbestos management and health and safety compliance seriously, Block is here to help. We manage asbestos for blocks of all sizes across England and Wales, ensuring full compliance with the asbestos duty holder obligations and protecting residents from unnecessary exposure.