How Housing Associations Can Ensure Asbestos Compliance Across Multi-Unit Estates 

Managing asbestos in social housing can feel overwhelming for housing associations (HAs), especially when they oversee a large number of properties. Knowing exactly where your legal responsibilities lie is key to staying compliant and keeping both staff, contractors and tenants safe. 

To provide some guidance, the experts at EMS Asbestos have put together this quick guide, covering the risks and responsibilities as a HA and how to meet obligations under the legislation and produce a robust housing association asbestos policy. To speak to an expert directly, just call our team on 0800 358 1100 and we’ll explain everything you need to know.  

Why Is Asbestos a Risk in Social Housing? 

Asbestos is now understood to be a hazardous material. If disturbed, it can release fibres which  if inhaled, can cause respiratory disease  including health conditions such as asbestosis and mesothelioma. 

Because of this, asbestos was banned in the UK in 1999. However, up until then , it was commonly incorporated into building materials. As a result, any building constructed before 2000 could potentially contain Asbestos Containing Materials (ACMs).

Many social housing properties were constructed in the 1950s and 1960s, the peak period of asbestos use. If ACMs aren’t identified within a property, they may be accidentally disturbed by social housing tenants or contractors working on behalf of housing associations, potentially causing fibre release  and health consequences.  

What Are the Legal Requirements for Managing Asbestos in Social Housing?  

First, it’s important to understand that there’s no legal duty for HAs to manage asbestos in every individual house or flat they own. However, common areas of blocks of flats are covered by the ‘Duty to Manage’ regulations.  To break it down: 

• The ‘duty to manage asbestos’ under Regulation 4 of the Control of Asbestos Regulations 2012 applies only to common areas in multi-unit properties, including foyers, corridors, staircases and lifts, as well as lift shafts, boiler rooms, gardens and other shared spaces.  

• Individual flats or houses don’t fall under this regulation, so housing associations’ asbestos duties don’t include a general legal duty to manage asbestos in these areas. 

• However, under the Health and Safety at Work Act 1974 and Management of Health and Safety at Work Regulations 1999, the  housing association have a duty to protect people in their place of work, this includes employees  and contractors working on domestic premises. 

Steps to manage asbestos in the common areas should include the conduct of asbestos management surveys, production of an asbestos register and an asbestos management plan. If ACMs are found to be present, they should be recorded on the property’s asbestos register. The management plan should outline the steps that will be taken to manage them, as well as who will be responsible for managing them (the appointed ‘responsible person’). 

If maintenance or refurbishment is planned a targeted refurbishment survey may be required.

The Challenges Presented by Asbestos in Housing Association Properties  

Managing asbestos in social housing can be complex: 

• HAs often oversee many properties, which makes monitoring risks difficult without expert support 

• Social housing is often home to vulnerable residents, whose additional needs can require extra care when it comes to surveying properties and communicating outcomes 

• HAs often manage older properties that are more likely to contain asbestos than newer properties 

Despite these challenges, housing associations should focus on risk assessment and safe management, rather than necessarily removing asbestos. ACMs can actually remain in place if they’re not likely to be disturbed. 

Stay Compliant with EMS Asbestos  

With large numbers of properties to manage, the safest way for housing associations to remain compliant is to work with a trusted asbestos consultancy like EMS Asbestos. 

We can help you meet legal obligations and safely manage asbestos in social housing with expert, HSG264-compliant asbestos surveys as well as management plans and training. Our specialist teams are experienced, qualified and DBS-checked and we’re UKAS accredited for asbestos surveys. . 

 EMS have been providing market-leading asbestos consultancy services since 2003 and operate across the UK. To discuss asbestos surveys for large portfolio of properties  and how we can help you manage your housing association, just call us on 0800 358 1100, email info@emsgroupuk.com or fill out our contact form.