Asbestos in blocks of flats

Any block built or refurbished before 2000 may contain asbestos. The law requires whoever is responsible for the shared areas to find out where it is, record it and manage it. Asbestos that is in good condition and left alone is not usually a danger. The risk comes when it is damaged or disturbed.

Why it matters

When materials containing asbestos are drilled, sanded, broken or allowed to crumble, they release fibres into the air. Breathing them in can cause serious lung diseases, including mesothelioma and lung cancer, which may not appear for decades. The Health and Safety Executive says asbestos still causes around 5,000 deaths a year, many of them among tradespeople exposed in the past.

The duty to manage

The Control of Asbestos Regulations 2012 place a duty to manage asbestos on whoever is responsible for maintaining and repairing non-domestic premises. In a block of flats that means the shared areas: entrance halls, corridors, stairs, lift shafts, roof spaces, plant rooms, bin stores, garages and outbuildings. It does not cover the inside of individual flats.

The lease decides who the dutyholder is. It is usually the freeholder, a Residents’ Management Company or a Right to Manage company. A managing agent helps the dutyholder to comply, but the legal responsibility stays with the client.

What the dutyholder must do

• Take reasonable steps to find materials likely to contain asbestos, and presume that a material contains it unless there is strong evidence that it does not.
• Keep an up-to-date written record of where it is and what condition it is in. This is the asbestos register.
• Assess the risk of anyone being exposed.
• Prepare a written plan for managing that risk, and put it into effect.
• Repair, protect or remove any material that is damaged or likely to be disturbed.
• Give the information to anyone who might disturb the material, especially contractors.
• Keep the plan under review, which the approved code of practice says should be at least every 12 months, and re-inspect known materials regularly.

Two kinds of survey

• A management survey covers normal occupation and routine maintenance. It finds and assesses materials that could be disturbed in day-to-day use of the building.
• A refurbishment and demolition survey is needed before any more intrusive work. It is far more thorough, involves opening up the structure and is carried out in areas that are unoccupied.

The HSE strongly recommends using a surveyor accredited by UKAS.

Working on asbestos

Most removal work has to be done by a contractor licensed by the HSE. That includes all work on sprayed coatings and pipe lagging, and most work on asbestos insulating board. Some lower-risk tasks can be done without a licence, and some of those must still be notified to the HSE. In every case the contractor has to see the relevant part of the register and plan the job before starting.

Inside your own flat

The duty to manage stops at your front door, but the risk does not. In a pre-2000 building, asbestos can be found in textured ceiling coatings, floor tiles, panels around pipes and boilers, and flues.

• Before any work that involves drilling, sanding or removing these materials, ask your contractor how they have checked for asbestos. For anything intrusive, have a survey done first.
• Do not sand, scrape or drill a material you are unsure about.
• If the work affects the structure of the building you will probably need the landlord’s consent, so tell your managing agent before it starts.
• A contractor working in your flat has their own legal duty to protect you, your household and their own staff from exposure.

What we do at Butlin

Overseeing statutory compliance in the shared areas, including asbestos, is part of our role on the blocks we manage. Contractors must be given the relevant asbestos information before they start work in those areas. If you have a concern about a damaged material in a shared area, do not touch it. Report it to us straight away through butlins.fixflo.com or on 0116 270 3705.

Further reading

• HSE guidance on asbestos

This article is general guidance based on the law in England in October 2026. It is not legal advice. Your lease or transfer deed always comes first, so check it, and take professional advice on anything in dispute. You will find more answers in our FAQs.