1. Policy statement
1.1 This policy outlines Leeds City Council’s approach to manage the risks from Asbestos Containing Materials (ACM’s) within Housing Leeds managed homes and buildings, and how it aims to prevent relevant stakeholders from being exposed to asbestos fibres. The policy replaces the previous council wide asbestos performance standard.
1.2 The key objective of this policy is to ensure our Senior Management Team, employees, partners and tenants are clear on legal and regulatory asbestos safety obligations. This policy provides the framework our staff and partners will operate within to meet these obligations.
1.3 This policy forms part of our wider organisational commitment to driving a positive health and safety culture amongst staff and contractors.
1.4 This policy also supports the 'Leeds Ambitions’ of tackling poverty and inequality and improving quality of life for everyone who calls Leeds home, through the four Ambitions:
- healthy: health and wellbeing
- growing: inclusive growth
- thriving: strong communities
- resilient: sustainable city
1.5 This policy also contributes to the key themes of the Housing Strategy and in particular:
- improving housing quality
- child and Age Friendly housing
- thriving and inclusive communities
- safe and strong communities
- health and housing
1.6 This policy also contributes to the delivery of the Housing Leeds Asset Management Strategy 2022 to 2027 and Leeds City Council health, safety and wellbeing policy.
2. Scope
2.1 This policy applies to the council’s housing stock, communal areas and buildings which are under the management responsibility of Housing Leeds. The policy covers homes and buildings managed by the Belle Isle Tenant Management organisation (BITMO), and also those managed by Private Financed Initiative (PFI) contractors. Whilst BITMO, and the PFI contractors are responsible for the management of asbestos within the buildings (excluding Swarcliffe area PFI buildings where the inspections of communal areas are undertaken by Housing Leeds), the scope of their management areas, Housing Leeds remain ultimately accountable for the safety of all council housing buildings.
2.2 This policy is relevant to all our employees, tenants, contractors, stakeholders, and other persons who may work on, occupy, visit, or use our premises, or who may be affected by our activities or services.
2.3 This policy excludes homes in the private rented sector.
3. Responsibilities
3.1 It is the responsibility of all officers to ensure the Asbestos Management Policy is understood and implemented.
3.2 The Chief Officer, Housing, has overall responsibility for the policy, ensuring that it is fully implemented across the whole of the council's managed housing portfolio.
3.3 The Head of Asset Management (Housing) is responsible for:
- the effective implementation and delivery of the policy
- monitoring the performance and delivery
- reviewing this policy
3.4 The Chief Officer, Housing, is responsible for:
- overseeing the processes and procedures that are in line with the policy
- ensuring that the policy aims and terms are adhered to
3.5 managers are responsible for ensuring that their staff and contractors have received damp and mould training appropriate to their role.
3.6 Managers are responsible for ensuring that risk assessments, and safe working procedures are in place, to ensure safety for staff and the avoidance of accidental exposures, and poor advice, that could be potentially dangerous to residents.
4. Background and legislation
4.1 All asbestos fibre types are classed as a category 1 carcinogen according to the World Health Organisation.
4.2 Homes or buildings built or refurbished before the year 2000 may contain asbestos. If an asbestos containing material is disturbed or damaged it can release asbestos fibres into the air which are a danger to health if inhaled.
4.3 Leeds City Council is responsible for maintenance and repairs to council owned domestic properties, communal areas, corporate buildings, and any other buildings we own and manage.
4.4 Under the Control of Asbestos Regulations 2012 (CAR 2012) there is a legal obligation under Regulation 4, ‘duty to manage asbestos in non-domestic properties’. This includes 'common areas’ of buildings managed by Housing Leeds, which are often referred to us ‘communal areas’. These typically include landings, staircases and entrance halls within blocks of flats and other managed buildings such as community centres.
4.5. Leeds City Council also have a responsibility to manage asbestos in council-owned homes as part of the duties under the Health and Safety at Work Act 1974, and the Housing Health and Safety Rating System (HHSRS). This responsibility extends to the exterior of homes, such as rainwater goods and rooflines.
4.6 Leeds City Council must ensure it complies with the Regulator of Social Housing’s regulatory framework and consumer standards for social housing in England; the Safety and Quality Standard.
4.7 Guidance and approved code of practice documents.
The principal guidance applicable to this policy are as follows:
- HSG264 - Asbestos: The survey guide
- HSG248 – Asbestos: The analysts guide
- HSG247 - Asbestos: The licensed contractors’ guide’ (first edition 2006)
- L143 - Managing and working with asbestos
4.8 Additional legislation
This policy also operates within the context of the following legislation:
- Health and safety at Work Act 1974
- The management of Health and Safety at Work Regulations 1999
- The Workplace (Health Safety and Welfare) Regulations 1992
- Personal Protective Equipment at Work Regulations 1992
- Hazardous Waste (England and Wales) Regulations 2005 (Amendment 2009)
- Control of Substances Hazardous to Health Regulations (as amended) 2002 (COSHH) • Construction (design and management)
- Regulations 2015
- Defective Premises Act 1972
- Landlord and Tenant Act 1985
- Data Protection Act 2018
- Reporting of Injuries, diseases and dangerous occurrences regulations 2013 (RIDDOR)
- Homes (Fitness for Human Habitation) Act 2018
- The Asbestos (Licensing) (Amendment) Regulations 1998
- The Regulator of Social Housing Consumer Standards (In particular the Safety and Quality standard) and Tenant Satisfaction Measures (TSMs)
- The decent homes standard
5. Leeds City Council’s responsibilities
5.1 The council's responsibilities for managing asbestos in buildings are different for common/communal areas and within homes:
Common and communal areas
5.2 Under Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012), Leeds City Council recognises that it has a duty to locate, assess, record, manage and monitor the Asbestos Containing Materials (ACMs) in non-domestic premises, (common/communal areas) for which it has the maintenance and repairing responsibility.
5.3 Leeds City Council meet this duty by:
- undertaking asbestos surveys to assess if Asbestos Containing Materials (ACMs) are present or are liable to be present in the premises, where there is an obligation to do so
presuming that materials likely to contain asbestos do contain asbestos unless there is strong evidence that they do not - identifying the location and condition of any ACMs
- assuming that asbestos is present if the property was built prior to the year 2000
- keeping an up-to-date record (an asbestos register) of the location and condition of ACMs or presumed ACMs
- assessing the risk from any ACMs found
- preparing an Asbestos Management Plan for non-domestic properties that sets out how Leeds City Council will manage the risk from ACMs, how the asbestos register will be accessed and reviewed, and monitor its implementation
- providing information on the location and condition of ACMs to anyone who is liable to work on or disturb them
- assessing the reliability of information received relating to asbestos within the properties Leeds City Council own and manage
- all non-domestic premises will have a periodic asbestos reinspection based on a risk assessment approach to ensure that any asbestos is not in an unsafe condition
Individual homes
5.4 Leeds City Council will carry out asbestos surveys to council homes (including to external parts) ahead of carrying out any repair, maintenance or planned improvement work, that could disturb ACM’s. This is required to meet requirements of the Health and Safety at Work Act 1974, Control of Asbestos Regulations 2012, and the Housing Health and Safety Rating System (HHSRS).
5.5 The council do not hold a duty to periodically reinspect ACM’s within individual homes.
All buildings
5.6 Leeds City Council will ensure that all asbestos surveys are carried out in accordance with HSG264, by a competent asbestos surveying organisation. Where appropriate, all intrusive construction works on Leeds City Council premises will have a targeted refurbishment survey in place before works commence, regardless of whether this is to an individual home or common/communal area.
5.7 Where asbestos has been identified in an unsafe condition, Leeds City Council will ensure an asbestos removal is undertaken in accordance with HSG247, by a competent asbestos removal organisation. If urgent asbestos remediations are identified/reported, contractors are employed to make safe 24/7, 365 days a year on a 2 hour emergency attendance and the emergency procedure is enacted.
5.8 Under Regulation 10 of the Control of Asbestos Regulations 2012, Leeds City Council will ensure that all employees and sub-contractors have appropriate asbestos awareness training to undertake their roles safely.
5.9 Under Regulation 15 of the Control of Asbestos Regulations 2012, Leeds City Council will ensure that there are arrangements in place in the event of an accident, incident or emergency, related to the unplanned release of asbestos at the workplace.
5.10 All incidents of Asbestos disturbance will be fully investigated, and the findings, recommendations and actions reported to the leadership teams.
6. Tenant’s responsibilities
6.1 Leeds City Council consider good communication essential in the effective delivery of asbestos safety, this will form part of our wider resident engagement strategy and communication programme. This will support residents in their understanding of asbestos, advise them of how they can manage any risk if there is asbestos within their property, and encourage them to report any asbestos safety concerns.
6.2 All new tenants are given a copy of our Asbestos Information Booklet, which provides information on safety, as well as information on where asbestos can most commonly be found within council homes. A copy of the booklet can be requested through our Asbestos Team by emailing Housing.Leeds.Asbestos@leeds.gov.uk or by calling 0113 378 1123.
6.3 Further important information for tenants and other residents regarding asbestos in council homes.
6.3.1 If tenants have concerns about asbestos in their property, they can contact the Housing Leeds Asbestos Team on 0113 378 1123. Non-urgent safety concern can also be reported to us by sending an email to Housing.Leeds.Asbestos@leeds.gov.uk.
6.4 All secure council tenants are required to obtain written permission from the council before undertaking any DIY or home improvements. This ensures that requests can be properly assessed and recorded and if approved, are carried out properly and safely. When assessing permission requests, the council may give information or advice about asbestos. However, tenants are responsible for ensuring that work they arrange or carry out in their home is undertaken by suitably trained and competent people, who are aware of the risks of asbestos, and are able to put suitable controls in place to avoid potentially dangerous exposure to asbestos fibres.
6.5 Further information on the council's permissions procedure for improvements and alterations.
7. Management of asbestos contractors
7.1 Leeds City Council employ asbestos contractors who undertake asbestos removals, asbestos surveying, asbestos analytical work (such as air monitoring) and asbestos bulk sample analysis.
7.2 All contractors employed on these contracts have been evaluated and assessed through Leeds City Council’s procurement framework to guarantee value for money, transparency, competence, and reliability.
7.3 Leeds City Council will ensure there are effective arrangements in place for managing Asbestos contractors, in the form of client-led meetings taking place regularly, with standard agendas and minutes produced, key performance indicators analysed and programmes and performance scrutinised.
7.4 Leeds City Council undertake regular performance monitoring of all contractors via audits and site inspections by Leeds City.
7.5 Leeds City Council adopt a culture of continuous improvement to identify good practice, lessons learned and potential improvements.
7.6 Feedback from employees, contractors, partners and residents is used to evaluation satisfaction with the service.
8. Monitoring
8.1 The council undertake quality checks on asbestos surveys and removals, to ensure that they are being undertaken properly and safely.
8.2 Annual asbestos re-inspections to common/communal areas and the remediation of any defects found, are monitored through regular reports to Housing Leeds Senior Management Team.
8.3 Performance against the re-inspection programme is also published through the councils Tenant Satisfaction Measures (TSM) return to the regulator of Social Housing and is published to tenants through the Housing Leeds Annual Report.
9. Review
9.1 This policy was reviewed in October 2025, following review of recommendations made by the Health and Safety Executive (HSE). The next review will be in October 2027, or earlier if there are any changes in legislation or incidents that may be relevant to this policy.
