Dealing with the complex issue of illegal asbestos

Asbestos was once a useful material in building. However, by the late 1960s it was recognised as one of the most significant health hazards in the world and its use is now illegal. Tom Lumsden, a partner at CooperBurnett LLP, looks at the complex issue of how to deal with asbestos

Asbestos is the name given to a group of six different fibrous minerals that occur naturally in the environment. These minerals have long fibres that are strong and flexible enough to be spun and woven and are fire and heat resistant. 

Asbestos was once a useful material in building where it provided protection from heat, fire and sound and was used in floor tiles as insulation around pipes as well as for wall and ceiling panels and decorative plaster. However, by the late 1960s, the use of asbestos was recognised as one of the most significant health hazards in the world. Its use is now illegal in the construction or refurbishment of any building and there is a lot of legislation that regulates its use, removal and management. 

The Control of Asbestos Regulations 2012 is the primary legislation dealing with the management of asbestos.1 Failure to comply with the regulations is a criminal offence and a person convicted can be imprisoned in the Crown Court for up to two years and given an unlimited fine. Lesser penalties apply in the Magistrates Court. 

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