Guide

Asbestos in void properties: the point where clearance stops

Updated

This is the shortest guide on the site and the most important one. If anything in the property is suspected of containing asbestos, the clearance stops until it has been assessed by someone competent. No exceptions, no working around it.

Presume, do not assume

HSE's instruction to dutyholders is to "presume materials contain asbestos unless there is strong evidence that they do not" (hse.gov.uk). That is the right default for a clearance crew too. Textured coatings, insulating board, older floor tiles and their bitumen adhesive, cement sheet in garages and outbuildings, boiler and pipe insulation, and cistern or flue components are all materials that have historically contained asbestos in UK housing stock, and none of them can be identified reliably by looking.

Who holds the duty to manage

The duty to manage asbestos under the Control of Asbestos Regulations 2012 sits with the dutyholder, which HSE describes as the building owner, the landlord, or the person or organisation with clear responsibility for the building's maintenance or repair. It applies to non-domestic premises and to the common parts of multi-occupancy domestic premises such as purpose-built flats. The dutyholder must assess whether asbestos-containing materials are present, keep a record of their location and condition, assess the risk, write and act on a management plan, and "provide information on the location and condition of the ACMs to anyone who may work on or disturb them" (hse.gov.uk). A clearance crew is precisely the people that information exists for.

What this means in practice for a void

  • Send the survey information with the job. If you hold an asbestos register or survey covering the property or block, the contractor should have the relevant part before they arrive.
  • Declare suspicions at quote stage. A suspected material named in the enquiry is a planning issue; the same material found at 9am is an aborted visit that somebody pays for.
  • Expect the crew to stop. A contractor who says they will "just take it out" is telling you they are the wrong contractor.
  • Asbestos removal is a separate, regulated job under the Control of Asbestos Regulations 2012 (legislation.gov.uk), arranged with a suitable asbestos contractor. It is not a line item in a clearance quote, and the category of work and who may carry it out is a question for a competent asbestos adviser, not for the clearance crew.
  • Damaged material is worse than intact material. Where something suspected has already been broken, restrict access to the area and get advice before anyone else goes in.

This page summarises published HSE guidance for buyers of clearance services. It is not health and safety, legal or asbestos advice, and it does not replace a survey, your own risk assessment or a competent adviser. Where asbestos is suspected, stop and take proper advice before any further work in the property.

Questions, answered directly

Can a clearance company remove asbestos from a void property?

Clearance contractors are not asbestos contractors, and a crew that offers to take suspected asbestos-containing material out with the rest of the load should not be used. Asbestos work is regulated under the Control of Asbestos Regulations 2012 and is arranged separately with a suitable asbestos contractor after the material has been assessed by someone competent.

What should a landlord give a clearance contractor about asbestos?

Whatever the asbestos register or survey holds for that property or block, before the visit rather than after it. HSE's duty to manage requires the dutyholder to provide information on the location and condition of asbestos-containing materials to anyone who may work on or disturb them, and a clearance crew is exactly that. Where nothing is known, say so, so the crew treats suspect materials as presumed asbestos.

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