Building Safety

Asbestos in Blocks of Flats: Who Is Responsible and What Needs to Happen

· 3 min read · Bergason Team

Asbestos was widely used in UK buildings for decades, so it can still be present in older blocks of flats. It does not automatically need removing, but it does need to be found, recorded and managed so that nobody disturbs it by accident.

Why asbestos is a risk

The danger comes from breathing in fibres released when asbestos-containing materials are damaged or disturbed. The health effects can take many years to appear. That is why the priority is preventing exposure, including exposure for the contractors who work on a building.

Who has the duty to manage

The Health and Safety Executive (HSE) says the duty to manage asbestos covers the common parts of multi-occupancy domestic premises, such as purpose-built flats. The person responsible for those areas holds the duty. This could be a landlord, or whoever has responsibility for the common parts under the lease.

Depending on your block, that may be a freeholder, a management company or an RTM company. Directors should check this rather than assume the managing agent holds the duty.

What counts as common parts

The HSE is clear that common parts do not include individual flats.

What the dutyholder has to do

  1. Find out whether asbestos is present, or assume it is if there is no strong evidence otherwise.
  2. Arrange a survey where needed.
  3. Keep a record of the location and condition of any asbestos.
  4. Assess the risk.
  5. Write a plan to manage that risk and put it into action.
  6. Monitor it, and review the plan at least every 12 months or sooner if necessary.
  7. Give information to anyone who may disturb the asbestos, such as maintenance contractors.

Before any works begin

Any contractor working on a roof, riser, ceiling or plant room should see the asbestos information before they start. Major work may need a more intrusive survey than a routine management survey. Build this into the project early, because finding asbestos halfway through can cause delays and extra costs.

If you own a flat

The duty to manage does not extend inside individual flats, but the risk does not stop at your front door. Take care before drilling, sanding or removing old materials, particularly textured coatings, floor tiles or boxing around pipes, unless you know what they contain.

If you suspect a material contains asbestos, leave it undisturbed and get advice from a competent professional. If you have contractors in, tell them what you know. Other health and safety duties may apply to landlords and to those carrying out the work.

If you think asbestos has been disturbed

Stop work, keep people away from the area and contact your managing agent or building manager straight away. Do not try to clean up debris with a household vacuum cleaner.

This guide is general information for England at 1 November 2026, not legal advice. Your lease and your building's circumstances may change how it applies to you, and the law may change after this date.

Sources

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