The duty to manage asbestos
If you are responsible for a non-domestic building, you almost certainly have a legal duty to manage the asbestos in it. Here is who holds the duty, and the steps it requires.
The duty, in one sentence
Regulation 4 of the Control of Asbestos Regulations 2012 places a duty on whoever is responsible for the maintenance of non-domestic premises (and the common parts of residential blocks) to manage the risk from asbestos in those premises. In Great Britain that is CAR 2012; in Northern Ireland, the Control of Asbestos Regulations (Northern Ireland) 2012 impose the same duty.
Who is the dutyholder?
The dutyholder is whoever has responsibility for the maintenance or repair of the premises — usually set by a lease or contract — or, where there is no such agreement, whoever controls the premises. In practice that is often the owner, landlord, managing agent or facilities manager. There can be more than one dutyholder, and everyone with any maintenance responsibility must co-operate.
What the duty requires
1. Find out — or presume
Take reasonable steps to find out whether asbestos-containing materials (ACMs) are present, how much, and their condition — usually through a survey. If you have no strong evidence either way, you must presume materials contain asbestos and treat them accordingly.
2. Assess the risk
Assess the condition of each material and the likelihood of it being disturbed. Damaged materials, or those in areas of high traffic or maintenance, present a higher risk.
3. Make a management plan
Put together a written plan setting out where the ACMs are, their condition, and how the risk from each will be managed — who is responsible, what actions are needed, and when.
4. Act on the plan
Do what the plan says: manage materials in place where they are in good condition, monitor them, and arrange repair, encapsulation or removal by the right people where needed. Some higher-risk asbestos work must be done by an HSE-licensed contractor; other asbestos work may be non-licensed or notifiable non-licensed, depending on the material and the work.
5. Record and review
Keep the register and plan up to date, re-inspect materials regularly, and review whenever the building, its use or a material's condition changes.
6. Share the information
Give the information on the location and condition of ACMs to anyone liable to disturb them — your own staff, contractors and maintenance workers — before they start work.
The record at the centre of all this is the asbestos register, and the survey that populates it comes in two main types.
Keep the register and plan current
Complys holds a digital asbestos register — each material's condition, HSG264 risk score, recommended action and re-inspection date — lets a competent surveyor capture a survey on site with HSG264 scoring, digitises reports you already have, and tracks review dates across a portfolio. It does not carry out the survey or the removal — the inspection, sampling and professional judgement stay with the competent surveyor.
Asbestos management software →FAQs
What is the duty to manage asbestos?
A legal duty, under regulation 4 of the Control of Asbestos Regulations 2012, to manage the risk from asbestos in non-domestic premises. It requires you to find out whether asbestos is present (or presume it is), assess the risk, make and act on a management plan, keep records, and share the information with anyone who might disturb it.
Who is the dutyholder?
Whoever is responsible for the maintenance or repair of non-domestic premises — often through a lease or contract. That is commonly the owner, landlord, managing agent or facilities manager. The duty also covers the common parts of residential blocks (for example shared halls and stairwells).
Which buildings does it apply to?
Non-domestic premises, and the common parts of domestic blocks. Any building built or refurbished before the year 2000 may contain asbestos and should be treated as a candidate until a survey shows otherwise.
Does it apply across the UK?
The Control of Asbestos Regulations 2012 apply in Great Britain (England, Wales and Scotland). Northern Ireland has its own equivalent, the Control of Asbestos Regulations (Northern Ireland) 2012, with the same duty to manage.
Related: asbestos survey types, what is an asbestos register, and asbestos management software. General information, not legal advice.