Duty to Manage Asbestos

A plain-English guide to Regulation 4 of the Control of Asbestos Regulations 2012 — who it applies to and what you need to do.

What is the duty to manage?

Regulation 4 of the Control of Asbestos Regulations 2012 places a legal duty on anyone who has responsibility for the maintenance or repair of non-domestic premises to manage the risk from asbestos.

This is known as the "duty to manage" and it applies to all non-domestic buildings, including commercial, industrial, and the common areas of residential buildings such as blocks of flats.

Who does it apply to?

The duty holder is typically the person or organisation responsible for maintaining and repairing the building. This usually includes:

  • Building owners
  • Landlords of commercial or mixed-use properties
  • Managing agents and facilities managers
  • Freeholders of blocks of flats (for common areas)
  • Tenants who have a repairing obligation in their lease

Note: The duty applies to non-domestic premises. Domestic properties (private homes) are not covered by Regulation 4, though asbestos safety law still applies if you commission work that could disturb asbestos.

What do you need to do?

As a duty holder, you must take reasonable steps to:

1

Find out if asbestos is present

Commission a management survey from a competent surveyor. This identifies the location, type, and condition of any asbestos-containing materials (ACMs).

2

Assess the risk

The survey should include a risk assessment for each ACM found. Materials in poor condition or in areas where they could be disturbed are higher risk.

3

Make a plan to manage it

Create a written asbestos management plan that sets out how ACMs will be monitored, maintained, or removed. This plan must be kept up to date.

4

Inform anyone who might disturb it

Anyone who works on or near the building — maintenance staff, contractors, electricians, plumbers — must be told where the asbestos is before starting work.

5

Monitor and review

Regularly check the condition of known ACMs. If their condition changes, update the risk assessment and management plan accordingly.

What happens if you don't comply?

Failure to comply with the duty to manage is a criminal offence. The HSE can issue improvement and prohibition notices, and in serious cases, prosecute. Penalties can include unlimited fines and, in the most serious cases, imprisonment.

Beyond the legal consequences, failing to manage asbestos puts the health of building occupants, maintenance workers, and contractors at risk.

Getting started

The first step is to commission a management survey from a competent surveyor. This will tell you what asbestos is present and help you build your management plan.

If you already have a survey and need asbestos removed, you must use an HSE-licensed contractor. Use our search tool to find one near you.

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