The Duty to Manage Asbestos: What Commercial Property Owners Must Do
- Regulation 4 of the Control of Asbestos Regulations 2012 places a duty to manage asbestos in non-domestic premises on the person responsible for maintenance and repair, usually the owner, landlord or occupier depending on the lease.
- The duty requires you to find out whether asbestos-containing materials are present, assess their condition and risk, keep a register, prepare a management plan and share the information with anyone who may disturb them.
- It applies to buildings built or refurbished before 2000; later buildings are very unlikely to contain asbestos.
- Breaches are criminal offences with unlimited fines and potential imprisonment, and asbestos remains the biggest cause of work-related deaths in the UK.
Asbestos was used in UK buildings for most of the twentieth century and banned in 1999, which means a large share of the commercial stock still contains it. The law does not require you to remove it. It requires you to know where it is, what condition it is in, and to manage it so nobody disturbs it unknowingly. That is the duty to manage, and it sits on whoever is responsible for maintaining the building.
The law
Regulation 4 of the Control of Asbestos Regulations 2012 applies to every non-domestic premises and to the common parts of residential buildings. It requires the duty holder to take reasonable steps to find out whether asbestos is present, to presume it is unless there is strong evidence otherwise, to assess the risk, and to prepare and implement a plan to manage it. HSE’s guidance sets the duty out in full.
General information, not legal advice.
Who the duty holder is
The person with the obligation to maintain or repair the premises, which is usually determined by the lease. On a full repairing lease that is typically the tenant for their demise; the landlord for common parts and vacant units; the owner where there is no lease. Where responsibility is shared, each party is a duty holder for their part and must cooperate. If you are not sure, assume it is you and check the lease.
What the duty requires
- Find out whether asbestos-containing materials (ACMs) are present, usually through a management survey, as described in HSG264.
- Presume materials contain asbestos unless there is strong evidence they do not.
- Record the location and condition in an asbestos register.
- Assess the risk of exposure from each material.
- Prepare a management plan setting out how the risk will be managed: leave in place and monitor, encapsulate, or remove.
- Implement, review and update the plan, and re-inspect the materials periodically.
- Share the information with anyone liable to disturb the materials, including contractors and the emergency services.
Discharge the duty to manage
Match with qualified asbestos surveyors for a management survey, register and plan. No-obligation quotes.
Why 2000 is the line
Asbestos use was progressively restricted through the 1980s and 1990s and fully banned in 1999. A building constructed or substantially refurbished after 2000 should not contain it, and HSE accepts that as strong evidence. Anything older should be presumed to contain asbestos until surveyed. Our guide to where asbestos is found lists the common materials.
The duty is to manage, not to remove
Asbestos in good condition that will not be disturbed is often safest left in place, recorded and monitored. Removal is required where materials are damaged, deteriorating or will be disturbed by works, and must be carried out by licensed or appropriately trained contractors depending on the material. The management plan records the decision for each item.
Enforcement and penalties
HSE and local authorities enforce the regulations. Failure to manage asbestos is a criminal offence with unlimited fines and, for serious cases, imprisonment. Beyond prosecution, an unmanaged asbestos exposure during works can halt a project, trigger claims, and in the worst case cost lives decades later. The survey that starts the duty is cheap by comparison. ComSurv matches you with qualified asbestos surveyors who cover your area.
Sources & further reading
- Control of Asbestos Regulations 2012, regulation 4 — the duty to manage asbestos in non-domestic premises
- HSE: The duty to manage asbestos — HSE’s explanation of the duty
- HSE HSG264: Asbestos, the survey guide — how surveys are carried out
External links open in a new tab. ComSurv is a matching service, not a firm of surveyors, and is not affiliated with these organisations. This article is general information, not legal, surveying or valuation advice; take advice on your specific situation.
