Do You Need an Asbestos Survey Before Demolition? Here’s What the NESHAP Regulation Says.
Thinking about renovating your commercial building or older home? Before you start knocking down walls or tearing up old floors, there’s something important you should know:
In California, you are legally required to get an asbestos survey.
In fact, skipping this step could lead to hefty fines, stop-work orders, or even health risks to workers and occupants.
In this blog, we’re going to break down when you need an asbestos survey, why it matters, and what the law says about it—especially under NESHAP, the federal regulation that governs asbestos in demolition and renovation projects.
What Is an Asbestos Survey?
An asbestos survey is a professional inspection of a building to determine whether asbestos-containing materials (ACMs) are present. These materials were commonly used in construction throughout California and the rest of the United States up until the late 1980s and can still be found in insulation, ceiling tiles, floor tiles, pipe wrap, and more.
If disturbed during renovation or demolition, asbestos fibers can become airborne—and when inhaled, they pose serious health risks, including lung cancer, mesothelioma, and asbestosis.
Why the Law Requires It: NESHAP Regulations
The main law that requires asbestos surveys before renovation or demolition is the National Emission Standards for Hazardous Air Pollutants (NESHAP). These are part of the Clean Air Act, enforced by the Environmental Protection Agency (EPA).
According to 40 CFR Part 61, Subpart M, any facility undergoing renovation or demolition must be inspected for asbestos by a certified professional before work begins—even if the building is unoccupied or already partially damaged.
Here’s the key section:
“Owners and operators of a demolition or renovation activity shall thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos…”
— 40 CFR § 61.145(a)
The rule applies to commercial, industrial, public, and multi-unit residential buildings with more than four units. Even single-family homes can be subject to local or state-level requirements if they’re part of a larger project or being demolished as part of a redevelopment plan.
When Is an Asbestos Survey Required?
You’re typically required to get an asbestos survey before:
-
Demolishing any structure, no matter the size or condition
-
Renovating a building that involves disturbing materials like walls, ceilings, floors, insulation, or HVAC
-
Removing old flooring, tiles, or roofing materials suspected of containing asbestos
-
Upgrading or retrofitting HVAC systems in older commercial buildings
Even if you believe your building doesn’t contain asbestos, a survey is still required by law to confirm that and protect workers from unknown risks.
Who Is Responsible for the Survey?
Property owners, contractors, and developers are legally responsible for ensuring the asbestos inspection happens. If asbestos is found, the EPA (and your state environmental agency) may also require an abatement plan—meaning the asbestos must be safely removed or managed by a licensed asbestos contractor before any further work begins.
What Happens If You Skip It?
Skipping the asbestos survey can lead to:
-
Fines up to $25,000 per day under NESHAP for noncompliance
-
Stop-work orders that delay your project
-
Liability lawsuits from workers or tenants exposed to asbestos
-
Project shut-downs by local or federal agencies
Even worse, unknowingly disturbing asbestos puts lives at risk. Asbestos-related illnesses often don’t appear for decades, but they’re serious and irreversible.
What About Residential Homes?
While NESHAP mainly targets commercial and multi-unit buildings, don’t assume your home is exempt. Many state and local agencies have adopted stricter rules that apply to single-family homes, especially in older neighborhoods or areas undergoing redevelopment.
The Bottom Line
Before you swing that sledgehammer, protect yourself legally and financially by hiring a certified asbestos professional. For example, calling the asbestos experts at Adviro can help you with surveys or testing throughout California. The survey is quick, provides high value, and could save you from a costly mistake—or worse, health problems down the line.
Don’t guess. Test.
Sources:
Recent Comments