Duty to Manage Asbestos: A Complete Guide

The duty to manage asbestos is a legal requirement under Regulation 4 of the Control of Asbestos Regulations 2012. It places responsibility on building owners, occupiers, and managers to identify, assess, and manage asbestos-containing materials in non-domestic premises.

What is the duty to manage asbestos?

The duty to manage asbestos is set out in Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012). It requires duty holders to:

• Take reasonable steps to determine if asbestos is present in premises
• Assess the risk from any asbestos-containing materials
• Prepare and implement a written management plan
• Monitor and review the plan regularly
• Provide information to anyone who might disturb the asbestos

The duty is about preventing exposure to asbestos fibres during normal building use, maintenance, and repair work.

Who has the duty to manage?

The duty falls on anyone with responsibility for maintenance or repair of non-domestic premises. This typically includes:

Primary duty holders

Building owners:

• Freeholders of commercial buildings
• Owners of business premises
• Landlords of non-domestic property
• Owners of common parts in mixed-use buildings

Occupiers with repairing obligations:

• Tenants responsible for maintenance under lease terms
• Organisations occupying buildings they don't own but must maintain
• Lessees with full repairing obligations

Managing agents and facilities managers:

• Property managers acting on behalf of owners
• Facilities management companies with maintenance responsibilities
• Agents with delegated authority for building management

Employers in control of premises:

• Businesses operating from their own premises
• Employers with responsibility for workplace safety
• Companies managing the buildings they occupy

Shared duties

In many buildings, the duty is shared:

• Landlords and tenants — landlord typically responsible for structure and common parts, tenant for their demised areas
• Multiple occupiers — each responsible for areas under their control
• Service providers — if they have maintenance responsibilities through contract

Who doesn't have the duty?

The duty does NOT apply to:

• Domestic premises — private homes occupied by residents (but does apply to common parts of flats and HMOs)
• Vehicles — cars, ships, aircraft (covered by different regulations)
• Those without maintenance responsibility — pure investors with no management role

What the duty requires

The duty to manage involves five key steps:

1. Identify asbestos or presume it's present

You must take reasonable steps to find out if asbestos is present in your building.

Option A: Commission an asbestos survey

• Hire a UKAS accredited surveyor
• Get a management survey covering all accessible areas
• Obtain a detailed asbestos register
• Use laboratory analysis to identify suspected materials

Option B: Presume asbestos is present

• If buildings were constructed/refurbished before 2000, you can presume certain materials contain asbestos
• Manage these materials as if they do contain asbestos
• Only practical for very simple buildings or as a temporary measure

2. Assess the risk from asbestos materials

Once you know (or presume) where asbestos is, you must assess the risk it poses.

Material assessment:

• Type of asbestos material and its condition
• Surface treatment and accessibility
• Extent and amount of material
• Asbestos type (if known)

Priority assessment:

• Normal occupant activity in the area
• Likelihood of disturbance during routine use
• Maintenance frequency and type
• Average number of occupants

Each asbestos-containing material (ACM) is scored, resulting in a risk priority:

• Low risk — material in good condition, rarely disturbed
• Medium risk — material accessible but normally undisturbed
• High risk — material damaged or frequently disturbed
• Very high risk — damaged material in occupied areas with high activity

3. Create a written management plan

You must prepare a written plan that sets out how you will manage the asbestos risks.

The plan must include:

• Asbestos register showing location and condition of all ACMs
• Risk assessment for each ACM
• Actions to manage each risk (monitor, repair, encapsulate, remove)
• Responsibilities — who does what
• Timescales for actions and reviews
• Emergency procedures
• Information procedures — how you'll inform others

Management options for ACMs:

Leave in place and monitor:

• Material in good condition
• Low risk of disturbance
• Regular visual inspections scheduled
• Most common and appropriate approach

Repair and maintain:

• Minor damage addressed
• Surface sealed or protected
• Material remains in place
• Continues to be monitored

Encapsulate or enclose:

• Material sealed with coating or covering
• Prevents fibre release
• Material remains but is protected
• Reduces but doesn't eliminate risk

Remove:

• Only when necessary (damaged beyond repair, planned building work)
• Must use licensed contractor for most materials
• Most disruptive and expensive option
• Eliminates risk but creates temporary high exposure during removal

4. Take action on the plan

A plan is worthless unless you implement it.

This means:

• Carrying out inspections according to the schedule
• Completing repairs or remedial work as planned
• Updating the register when anything changes
• Implementing permit-to-work systems where needed
• Labelling materials if appropriate
• Training staff and contractors

Re-inspection frequency depends on risk:

• Very high/high risk — every 3-6 months
• Medium risk — every 12 months
• Low risk — every 24 months
• Review the entire plan annually

5. Provide information to those who need it

This is one of the most important elements of the duty.

You must provide asbestos information to:

• Employees working in or around the building
• Contractors before they start any work
• Emergency services
• Other duty holders (in shared buildings)
• Anyone taking over the duty (new owners/occupiers)

The information must include:

• Copy of or access to the asbestos register
• Location and condition of ACMs
• Risks associated with the materials
• Precautions needed
• Emergency procedures

When to provide information:

• Before any maintenance or building work begins
• During building induction for new contractors
• When planning or quoting for work
• During property transactions
• In response to requests from emergency services

How to comply with the duty

Step 1: Commission an asbestos survey

Unless you're certain your building contains no asbestos (built after 2000, fully surveyed during construction), get a management survey.

What to look for in a surveyor:

• UKAS accredited to ISO/IEC 17020
• Appropriate qualifications (BOHS P402 minimum)
• Professional indemnity insurance
• Experience with your building type
• Clear methodology and reporting standards

The survey will provide:

• Detailed asbestos register
• Photographic evidence
• Floor plans showing ACM locations
• Risk assessments for each material
• Recommendations for management

Cost: Typically £300-800 for small/medium commercial premises, more for larger or complex buildings.

Timeframe: Survey takes 2-4 hours on site, report delivered within 7-14 days once laboratory analysis is complete.

Step 2: Create your asbestos register

The survey will produce a register, but you need to make it usable.

Make it accessible:

• Keep copies at the premises
• Make it available digitally
• Include it in staff handbooks
• Add to contractor induction packs
• Update it whenever anything changes

The register should show:

• Clear location descriptions
• Floor plan references
• Material type and extent
• Condition and risk rating
• Date of last inspection
• Management action required

Step 3: Develop your management plan

Using the survey recommendations, create a written plan.

Key elements:

• Risk assessment for each ACM
• Management approach (monitor/repair/remove)
• Inspection schedule based on risk
• Responsibilities assigned to named individuals
• Budget allocation for planned work
• Emergency procedures
• Communication procedures

Template sections:

1. Introduction and scope
2. Building description and asbestos survey summary
3. Roles and responsibilities
4. Asbestos register (reference to detailed register)
5. Risk management strategy for each ACM
6. Monitoring and inspection schedule
7. Emergency response procedures
8. Communication and information procedures
9. Training requirements
10. Review and update procedures

Step 4: Implement controls and procedures

Put your plan into action.

Practical measures:

• Labelling — mark ACM locations where appropriate (but don't advertise to vandals)
• Restricted access — limit access to areas with high-risk ACMs
• Permit-to-work — require checks before any drilling, cutting, or building work
• Contractor briefing — show register and discuss risks before work starts
• Staff training — ensure employees know asbestos locations and what not to disturb

Documentation to keep:

• Asbestos survey report and register
• Management plan
• Inspection records
• Photographs of ACMs over time
• Contractor briefing records
• Training records
• Incident reports (if any disturbance occurs)

Step 5: Monitor, review, and update

The duty is ongoing — you must keep your management system active.

Regular inspections:

• Visual checks of ACM condition
• Photograph any changes
• Update condition scores
• Take action if deterioration detected

Annual review:

• Review entire management plan
• Check all actions completed
• Update risk assessments
• Verify contact details current
• Consider whether re-survey needed

Update the register when:

• New ACMs are discovered
• ACMs are removed or repaired
• Building alterations occur
• Materials deteriorate or are damaged
• Better information becomes available

Managing asbestos in situ vs removal

One of the key decisions in asbestos management is whether to leave materials in place or remove them.

Managing asbestos in place

This is the default and preferred approach for most ACMs.

When appropriate:

• Material in good condition
• Low risk of disturbance
• Can be effectively monitored
• No planned work affecting the area
• Removal would create greater risk than management

Advantages:

• No exposure during removal
• Lower cost
• Less disruption
• Can be done gradually as budgets allow
• Maintains building integrity

Requirements:

• Regular inspection and monitoring
• Protection from accidental damage
• Information provided to contractors
• Emergency procedures in place
• Budget for eventual removal or repair

When removal is necessary

Removal should be considered when:

Material condition:

• Severely damaged and cannot be repaired
• Deteriorating rapidly
• Friable material in accessible location
• Releasing fibres into occupied areas

Building plans:

• Major refurbishment or demolition planned
• Work will disturb the ACMs
• Building use changing significantly
• Material will become inaccessible after planned work

Risk factors:

• Cannot prevent access or disturbance
• High vandalism risk
• Repeated accidental damage
• No practical way to monitor condition

The removal process

If removal is necessary:

1. Plan carefully — determine scope, method, and timing
2. Use licensed contractors — required for most asbestos types (licensable work includes most insulation, coatings, AIB)
3. Notify HSE — 14 days notice required for licensed work
4. Establish controls — enclosure, negative pressure, personal protective equipment
5. Monitor air quality — during and after removal
6. Clearance testing — independent air testing before reoccupation
7. Safe disposal — licensed asbestos waste disposal site
8. Update records — remove materials from register

Cost considerations:

• Licensed asbestos removal typically costs £50-150 per square metre
• Small jobs (less than 10m²) may cost more per unit due to setup costs
• Complex access or high-risk materials increase costs
• Clearance testing and waste disposal add to costs
• Temporary accommodation or business disruption may be needed

Providing information to contractors

This is a critical part of the duty and one of the most common areas of breach.

When to provide information

Before any work begins:

• Maintenance work
• Repairs and alterations
• Installation of services
• Cleaning of difficult-to-reach areas
• Emergency repairs

During planning and quoting:

• Contractors need asbestos information to price work accurately
• They need to know what precautions are required
• May affect methods and equipment needed

During contractor induction:

• As part of site safety briefing
• Before contractor receives building access
• Refreshed for returning contractors if register has changed

What information to provide

Essential information:

• Copy of asbestos register or relevant sections
• Location of ACMs in or near work area
• Type and condition of materials
• Risk assessment and priority rating
• Precautions required
• Emergency procedures

Practical communication:

• Walk contractors through work area
• Point out ACM locations physically
• Discuss what can and cannot be disturbed
• Confirm contractor competence and training
• Obtain signed acknowledgment

Documentation:

• Provide written copy of register
• Give site-specific risk assessment
• Include asbestos location plans
• Provide emergency contact numbers
• Keep record of what was provided and when

Contractor responsibilities

When you provide asbestos information, contractors have their own duties:

They must:

• Read and understand the information
• Plan work to avoid disturbing asbestos
• Have appropriate training and competence
• Use correct methods and equipment
• Stop work if unexpected materials are found
• Notify you of any concerns or discoveries

If work will disturb asbestos:

• Minor works (less than 1 hour, less than 2m²) may be done by non-licensed contractor with appropriate training
• Notifiable non-licensed work (NNLW) requires notification to HSE
• Licensable work requires HSE licensed contractor and 14 days notice

Emergency situations

If asbestos is accidentally disturbed:

1. Stop work immediately — don't try to clean up or continue
2. Evacuate the area — keep people away
3. Seal the area — close doors, tape off if possible
4. Contact specialist — call licensed asbestos contractor
5. Don't re-enter — until professionally cleared
6. Document incident — record what happened
7. Review procedures — prevent recurrence

Record keeping requirements

Good records are essential for demonstrating compliance and managing asbestos safely.

Records you must keep

Asbestos survey report:

• Complete survey report from UKAS accredited surveyor
• Laboratory analysis certificates
• Photographic evidence
• Floor plans showing ACM locations
• Keep indefinitely while building occupied

Asbestos register:

• Up-to-date register of all known or presumed ACMs
• Updated whenever changes occur
• Version controlled (date and version number)
• Accessible to all who need it

Management plan:

• Written plan documenting your approach
• Risk assessments for each ACM
• Planned actions and timescales
• Responsibilities assigned
• Review dates

Inspection records:

• Date of each inspection
• Who carried it out
• Condition observations
• Photographs showing condition over time
• Any changes noted
• Actions required

Work records:

• Repairs, encapsulation, or removal carried out
• Contractor details and licenses
• Notifications to HSE
• Clearance certificates
• Waste consignment notes
• Updated register after work

Communication records:

• Contractor briefings and sign-offs
• Training records
• Information requests and responses
• Incident reports
• HSE correspondence

How long to keep records

• Survey reports — keep for life of building
• Asbestos register — current version must always be available, keep superseded versions for reference
• Management plan — current version plus previous 3 years
• Inspection records — minimum 5 years, preferably life of building
• Work records — permanently (especially removal records)
• Communication records — minimum 3 years

Penalties for non-compliance

The HSE takes asbestos management seriously. Penalties for breaching the duty to manage can be severe.

Criminal penalties

Magistrates' Court:

• Up to £20,000 fine per offence
• Up to 6 months imprisonment
• For less serious or first-time breaches

Crown Court:

• Unlimited fine
• Up to 2 years imprisonment
• For serious breaches or repeat offenders

Typical fine levels (based on sentencing guidelines):

• Minor breach, no harm: £8,000-50,000
• Significant breach with risk: £50,000-450,000
• Serious breach causing harm: £450,000+

HSE enforcement action

Before prosecution, HSE may issue:

Improvement Notice:

• Requires specific actions within timescale
• Failure to comply is criminal offence
• Can require survey, plan, or remedial work

Prohibition Notice:

• Stops use of building or area
• Immediate effect if serious risk
• Can only be lifted once HSE satisfied
• Business disruption can be significant

Civil liability

Failing to manage asbestos can also create:

Breach of contract:

• Lease terms often require asbestos management
• Breach may give landlord/tenant grounds to terminate
• Damages for costs incurred by other party

Negligence claims:

• Duty of care to employees, contractors, visitors
• Failure to manage asbestos could be negligent
• Personal injury claims if exposure occurs
• Claims can be brought decades after exposure

Property implications:

• Difficulty selling or letting buildings
• Insurance may be invalidated
• Devaluation of property
• Lender requirements for compliance

Factors affecting penalties

Courts and HSE consider:

Aggravating factors (increase penalty):

• Previous enforcement action or convictions
• Death or serious injury resulted
• Deliberate breach or reckless disregard
• Profit made from non-compliance
• Multiple or systemic breaches
• Attempted to conceal breach
• Poor safety culture

Mitigating factors (reduce penalty):

• Prompt admission of guilt
• Good previous health and safety record
• Steps taken to remedy breach quickly
• Cooperation with investigation
• Evidence of generally good management
• Financial hardship (limited effect)

UK regulatory context

Key legislation

Control of Asbestos Regulations 2012 (CAR 2012):

• Primary asbestos legislation
• Regulation 4 establishes duty to manage
• Sets out requirements for surveys, plans, and information
• Covers all asbestos work
• Enforced by HSE and local authorities

Health and Safety at Work etc. Act 1974:

• Overarching duty to ensure health and safety
• Duty to employees, contractors, and others affected by your work
• Failure to manage asbestos can breach Section 2 and Section 3
• Provides general framework for specific regulations

Management of Health and Safety at Work Regulations 1999:

• Requires risk assessment
• Requires health and safety arrangements
• Asbestos management is part of general risk management duty

Construction (Design and Management) Regulations 2015 (CDM 2015):

• Requires asbestos information during pre-construction phase
• Clients must provide information about asbestos to designers and contractors
• Integrates with duty to manage

Regulators and enforcement

Health and Safety Executive (HSE):

• National regulator for workplace health and safety
• Enforces asbestos regulations
• Provides guidance (HSG264 and ACOPs)
• Investigates incidents and complaints
• Prosecutes serious breaches
• Licenses asbestos removal contractors

Local authority environmental health departments:

• Enforce asbestos regulations in retail, offices, leisure, and some other sectors
• Work with HSE on enforcement
• Respond to complaints
• Conduct proactive inspections

Guidance and standards

HSG264: Asbestos: The Survey Guide:

• Official HSE guidance on asbestos surveys
• Sets out survey types and methodologies
• Used by UKAS to accredit surveyors
• Recognized standard for competent surveys

HSG227: A Comprehensive Guide to Managing Asbestos in Premises:

• Detailed guidance on duty to manage
• Explains how to comply with regulations
• Case studies and practical examples
• Essential reading for duty holders

Approved Code of Practice (ACOP) - Work with Asbestos (L143):

• Legal status — if you don't follow ACOP, you must show you achieved equivalent or better
• Covers working with asbestos
• Relevant for contractors and removal work

Frequently asked questions

Next steps

If you're just starting out

1. Determine if the duty applies — non-domestic premises built before 2000 almost certainly require action
2. Commission a management survey — use UKAS accredited surveyor
3. Create an asbestos register — document all ACMs identified
4. Develop a management plan — set out how you'll manage the risks
5. Implement controls — put procedures in place and brief contractors

If you already have a survey

1. Check it's current — is it recent and comprehensive?
2. Review your management plan — is it being actively implemented?
3. Verify inspection schedule — are re-inspections happening on time?
4. Audit information provision — are contractors being briefed properly?
5. Update records — ensure register reflects current condition

Getting help

If you need assistance with asbestos management:

Useful resources:

What is an asbestos survey? →

What is asbestos? →

Creating an asbestos management plan →

Useful tools:

• Asbestos Duty Checker
• Responsibility Checker

Related articles:

• What is an asbestos survey?
• What is asbestos?
• Asbestos management plans explained