Advice on asbestos rules and responsibilities for farmers

A quarter of a century since the material was banned, asbestos-related diseases remain the greatest cause of work-related deaths in Britain, accounting for some 5,000 lives a year, according to the Health & Safety Executive (HSE).

Diseases such as mesothelioma, asbestosis, and asbestos-related lung cancer often take many years to develop after exposure.

Therefore it is essential farmers and property owners are proactive in managing the risks, to protect both themselves and anyone else working or living on the farm.

See also: How to manage less common farm health and safety risks

Identifying risks

Asbestos-containing materials (ACMs) were widely used in buildings constructed post-war, through to the 1990s.

It can still be found in a variety of places, from asbestos cement sheeting on roofs, to wall cladding, guttering, insulation, and decorative coatings such as Artex.

While no asbestos is safe, the level of risk varies depending on the type of material and its condition, in particular, the risk of fibres being released into the air.

Asbestos insulating board (AIB) – a material that looks similar to plasterboard – and loose-fill insulation among the most dangerous, with asbestos-containing cement sheeting at the lower end of the scale.

Generally, materials that are left undisturbed and in good condition represent relatively low risk.

However that can soon change if they deteriorate, get damaged, or are disturbed in any way, such as during building maintenance, repairs, or as the result of daily wear and tear.

© Gulliver Hedley

Legal obligations

Identifying the location and condition of any ACMs around the farm is therefore essential to help protect anyone using, or working within, those buildings.

All owners of non-domestic premises, including farm buildings, have a legal “duty to manage” ACMs under Section 4 of the Control of Asbestos Regulations (CAR) 2012.

“Practically, this means farmers and landowners must take reasonable steps to find out if there are ACMs within any farm buildings, sheds and offices, and if so, record the amount, location, and condition it’s in,” says Strutt & Parker’s health and safety manager, Gulliver Hedley.

This is best done by commissioning a competent person to undertake an asbestos management survey for any buildings constructed before pre-2000 that could potentially contain ACMs, he advises.

A Ukas-accredited surveyor should be used to do this (see ukas.com/find-an-organisation/).

The survey will outline the location, type, condition and risk posed by any ACMs found, and what to do about these.

This could include recommendations to leave alone and just monitor the condition regularly in-situ, through to encapsulation, or removal.

Surveys should be shared with any affected parties, such as farm employees, anyone renting out barn space, or contractors employed to work on affected buildings, and should be reviewed regularly.

The timeframe for re-inspection is usually set out in the survey and will form part of the asbestos management plan.

Gulliver says survey costs vary significantly depending on the size, complexity, number of buildings, and time required, typically coming in at about £300-£500 for a standard farm building, but maybe more.

Re-inspection is likely to be around half the cost of a full inspection, he notes.

“The cost of that survey, which tells you what you’ve got, the risk, and how to manage it, isn’t insignificant, but it’s quite small compared with the risks from serious illness, a big fine, or both. There’s a moral duty, too.

“Are you comfortable putting yourself, farm staff, or any others using those buildings at risk if asbestos is present?”

The HSE enforces asbestos regulations, and while it is unlikely that farms will be randomly inspected for compliance, the regulator will get involved if something goes wrong.

Penalties can be severe, taking the form of an unlimited fine based on farm turnover (not profit) and level of negligence, he warns.

An asbestos survey and management plan may also be requested as part of the standard pre-contract enquiries when a farm is sold, potentially resulting in delays and further negotiations if not in place.

Similar requests may be made if the farm is to be let or mortgaged.

© Tim Scrivener

What about residential tenancies?

While the “duty to manage” only applies to non-domestic premises, owners of tenanted residential properties still have to take “reasonable steps” to avoid exposing people to asbestos.

This comes under the Health & Safety at Work Act 1974, which covers domestic and non-domestic properties.

Again, the best way to do this is by commissioning an asbestos management survey, and following any recommendations given.

Surveys for smaller residential properties typically cost £150-£500, depending on the size, number of rooms, and time required.

“It is another cost to factor in, but will help minimise the risks to tenants, and anyone working in, or maintaining, those properties, who may accidentally disturb asbestos,” says Gulliver.

Where building work or maintenance is planned, the management survey should be shared with contractors before work commences to make them aware of any risks.

If intrusive works liable to disturb ACMs are planned in either residential or non-domestic (pre-2000) properties, a more detailed refurbishment and demolition survey will be required.

Examples include taking down a farm building, pulling down ceilings, or other works that might disturb hidden ACMs.

“A refurbishment and demolition survey can cost more than a management survey as there’s more involved.

“However, it can be cost-effective to arrange for a ‘targeted’ refurbishment and demolition survey focusing only on the parts affected by the planned works,” Gulliver says.

“For example, for a kitchen refurbishment, only get a refurbishment and demolition survey for the kitchen.”

Group of broken and fibrous slice of corrugated © Adobe Stock

Asbestos containing materials: Who can do what work?

Generally, work with ACMs falls into three categories:

1. Licensable

Applies to certain works that can only be done by a licensed contractor.

This often includes any work on sprayed asbestos, most repair or any removal of asbestos insulation, including most work on asbestos insulation board (AIB), such as removal of partition walls, linings, and suspended ceilings, for example.

2. Notifiable non-licensed

Some work can be done without using a licensed contractor, but the relevant authority/authorities must still be notified (see the HSE webisite ASB NNLW1 – Notification of non-licensed work with asbestos).

Appropriate procedures must be followed by competent people with the training, skills and ability to know how to deal with asbestos.

The type of work, type of ACM, and its condition, all affect whether work is notifiable non-licensed.

Examples might include removing asbestos roof sheeting where material is likely to get broken up, or removal and re-attachment of screwed-in AIB panels.

3. Non-licensed

Some jobs can be done without requiring any license or notification, such as painting/re-painting AIB, drilling into textured decorative coatings to install fixtures or fittings, or encapsulating ACMs in good condition.

© Gulliver Hedley

He recommends any farmers considering doing work with ACMs themselves or with farm staff should first read the HSE’s Asbestos Essentials.

This provides a range of guidance sheets on the work that can and cannot be done without a licensed contractor, plus practical advice about how to go about working with ACMs safely.

Where removal or other work must be done by a licensed contractor, this can be expensive.

Costs vary widely depending on the type, condition, and amount of asbestos to be removed and complexity of the job (for example, measures required to mitigate fibre release, need for scaffolding, and so on).

Figures published online in December 2024, for example, put typical asbestos removal costs at £50-£100/sq m upwards.

Removal of a domestic-sized asbestos garage roof is estimated to cost anywhere from £950 to £4,000.

Given the costs involved, and potential for some rogue traders to try and capitalise on this, Gulliver advises anyone considering using an asbestos contractor to seek a range of quotes (generally at least three) and only use businesses that are Ukas accredited.