Summary of HSE guidance, not legal advice. Each point below links to the HSE page it comes from. If you are unsure whether you hold the duty, get professional advice.
The duty to manage asbestos is a legal requirement under regulation 4 of the Control of Asbestos Regulations 2012 (HSE FAQ). HSE says it covers:
- all non-domestic premises, like factories or shops
- the "common parts" of multi-occupancy domestic premises, like purpose-built flats
(HSE: the duty to manage asbestos)
Who is the dutyholder?
HSE says the person with the legal duty to manage asbestos in a building (the "dutyholder") could be the building owner, the landlord for the premises, or the person or organisation with clear responsibility for the building's maintenance or repair (HSE). For commercial premises, HSE describes it as the owners and occupiers who have responsibility for maintenance and repair (HSE FAQ). Who holds the duty therefore follows who is responsible for maintenance and repair, so your lease or management agreement matters.
Does it apply to my property?
| What you let or manage | What HSE says |
|---|---|
| A shop, office, industrial unit or other commercial premises | Covered: the duty applies to all non-domestic premises. |
| The common parts of a block of flats | Covered: HSE gives purpose-built flats as its example of multi-occupancy domestic premises. |
| An HMO or converted building with shared areas | HSE says the duty also applies to the shared parts of some domestic premises. Check HSE's duty to manage guidance and its Approved Code of Practice, Managing and working with asbestos, to see whether your shared areas count, and get advice if unsure. |
| The inside of an individual flat or let house | Not on HSE's list for the duty to manage. But when work is carried out in a home, the general duties in section 3(1) of the Health and Safety at Work etc Act 1974 apply, and the Control of Asbestos Regulations 2012 apply to work involving asbestos-containing materials (HSE FAQ). |
What the dutyholder must do
HSE says the dutyholder must (HSE):
- assess whether asbestos-containing materials (ACMs) are present, how much, where they are and what condition they are in
- presume materials contain asbestos unless there is strong evidence that they do not
- make, and keep up to date, a record or register of the location and condition of ACMs or presumed ACMs
- assess the risk of anyone being exposed to airborne fibres from them
- write an asbestos management plan, put it into action, monitor it and review it every 12 months or sooner if necessary
- monitor the condition of any ACMs or suspected ACMs
- give information on the location and condition of ACMs to anyone who may work on or disturb them, including the emergency services
Do I need an asbestos survey?
HSE says the person responsible for maintaining non-domestic premises must either arrange a survey if it is suspected there could be ACMs, or presume the worst case of widespread asbestos and take full precautions for any work. HSE adds that a survey is often less troublesome and more proportionate, because it makes clear whether asbestos is present and what condition it is in (HSE FAQ).
- Management survey: for a building in normal use, to find asbestos that could be damaged or disturbed during normal occupation and routine maintenance.
- Refurbishment and demolition survey: before any refurbishment or demolition work, in the area being worked on.
Both are described in HSE's survey guide, HSG264 (HSE). HSE says surveys should only be carried out by competent surveyors, and that analysts for asbestos-related work must be accredited by UKAS (HSE FAQ). Read more about survey types and indicative survey costs.
Keeping the asbestos register
HSE says the register is a key part of your management plan and needs updating regularly, at least once a year (HSE FAQ). That means:
- regular inspections to check the condition of asbestos materials
- removing entries when asbestos is removed
- adding entries when new areas are surveyed and asbestos is found
- updating entries whenever materials have deteriorated
It can be kept on paper or electronically. HSE notes that paper copies can be easier to hand to visiting maintenance workers, while electronic records suit people responsible for many properties.
Who manages it day to day?
HSE says you must identify the person responsible for managing ACMs, and that they should be competent, with the resources, skills, training and authority to do it. For small companies this is likely to be the owner. In larger organisations it may be a maintenance, estates, building or facilities manager (HSE).
Before contractors start work
Give anyone who may disturb ACMs, such as electricians, plumbers or roofers working in common parts, the location and condition of the asbestos before they start. Work on higher-risk materials such as lagging, sprayed coatings and most asbestos insulating board normally needs an HSE-licensed contractor (HSE licensing). See licensed vs non-licensed work.
If a tenant reports damaged material
HSE says asbestos in good condition that is unlikely to be damaged should be left in place and monitored, while asbestos in poor condition, or likely to be damaged in normal use, should be sealed, enclosed or removed as appropriate (HSE FAQ). Keep people away from damaged material and follow what to do if you find asbestos.
Request a survey quote Where asbestos is found
Related guides: Survey types · Licensed vs non-licensed work · Soffits · Water tanks · Flue pipes · Floor tiles · Survey costs