Regulation 5: Identification of the Presence of Asbestos (Made Simple)

May 16
2 min read

If you own, manage, or work on commercial properties (or the common areas of domestic buildings), you’ve probably heard of the Control of Asbestos Regulations (CAR 2012).

While the regulations can look like a wall of legal jargon, they are there for a vital reason: to save lives. Today, we are breaking down Regulation 5, which is the absolute foundation of safe property management and construction work.

What is Regulation 5?

In short, Regulation 5 states that you cannot start any work until you have figured out if asbestos is present, where it is, and what condition it’s in.

The law explicitly forbids employers from beginning work that could expose employees to asbestos unless a "suitable and sufficient" assessment has been carried out.

The Golden Rule: If a building was built or refurbished before the year 2000, you must assume asbestos is present until proven otherwise.

Who Does This Apply To?

Regulation 5 applies to:-

Employers whose staff might disturb materials during their day-to-day work.
Main Contractors and Subcontractors planning refurbishment, demolition, or maintenance.
Duty Holders (such as building owners or managing agents) who have a duty to manage the fabric of a building.

How to Comply with Regulation 5

Complying isn’t just a paperwork exercise; it involves taking practical steps to map out the risks in your building.

1. Check Existing Records

Start by looking at the building’s Asbestos Register or previous Asbestos Management Surveys. If a thorough R&D survey has already been done and covers the specific area you want to work on, you may already have your answers.

2. Arrange a New Survey (If Needed)

If you are planning intrusive work—like knocking down a wall, rewiring, or replacing pipes—and your current records don't cover it, you need a specific survey.

For construction or renovation, a Refurbishment and Demolition (R&D) Survey is legally required. This involves destructive testing to find hidden asbestos behind walls or under floors.

3. Presume It’s Asbestos (When in Doubt)

If you cannot access a certain part of the building (e.g., a sealed ceiling void), you must legally presume that it contains asbestos and treat it with the highest level of safety precautions until you can safely sample it.

Why You Can't Afford to Skip This Step

Skipping a Regulation 5 assessment isn't just a minor oversight; it has severe consequences:

Health Risks: Asbestos fibres are invisible to the naked eye. Inhaling them causes incurable diseases like mesothelioma and asbestosis, often decades after exposure.
Project Delays & Costs: If workers accidentally strike asbestos halfway through a project, the site must be immediately evacuated. Decontamination, air testing, and emergency removal cost thousands more than a proactive survey.
Legal Prosecutions: The Health and Safety Executive (HSE) regularly prosecutes companies and individuals who fail to identify asbestos before starting work. This can result in unlimited fines and even prison sentences.