Failing to manage asbestos in a non-domestic property is an offence under the Control of Asbestos Regulations 2012. The HSE enforces compliance.

Penalties range from formal notices through to criminal prosecution:

Improvement notice or prohibition notice — issued by HSE inspectors where compliance is missing. A prohibition notice can stop work in the building immediately.
Magistrates’ Court fines — unlimited fines for the duty holder. Cases involving exposure or wilful neglect typically attract five-figure fines.
Crown Court prosecution — for serious breaches, unlimited fines plus up to two years’ imprisonment for directors or duty holders.
Fee for Intervention (FFI) — HSE recovers the cost of its investigation from the duty holder, currently charged at £174 per hour.
Civil liability — separate from HSE enforcement, employees or contractors exposed to asbestos may bring personal injury claims years after the fact.

The most common trigger for enforcement is a contractor or tenant raising a concern after disturbing material that should have been identified on a register. An up-to-date asbestos survey and register is the simplest defence.

Vital Property Solutions provides asbestos management surveys for commercial properties. Contact us for a quote.