The duty to manage asbestos (CAR 2012, Regulation 4)

Who holds the duty

Regulation 4 of the Control of Asbestos Regulations 2012 places a specific duty on owners and occupiers of non-domestic premises who hold maintenance and repair responsibilities — including managing agents and landlords of common parts.

What the dutyholder must do

Dutyholders must:

• take reasonable steps to locate materials likely to contain asbestos and assess their condition;
• presume materials contain asbestos unless there is strong evidence otherwise;
• maintain a written, up-to-date record of the location and condition of all actual or presumed asbestos-containing materials (ACMs);
• assess the risk of exposure;
• prepare and implement a written management plan;
• keep materials in good repair, or repair, protect or remove those that cannot be maintained;
• share location and condition information with anyone liable to disturb the material.

The register and the plan

An asbestos survey identifies the location, quantity and condition of ACMs. Those outputs feed the asbestos register and the management plan. The plan must identify affected areas, a risk determination, the control measures applied, monitoring of ACM condition, maintenance or safe-removal arrangements, and how the information reaches those who might disturb it. Every measure taken to implement the plan must be recorded.

Keeping it current

ACMs must be re-inspected periodically — typically every 6 to 12 months, calibrated to condition and risk. The management plan must be reviewed at least every 12 months, and sooner if condition deteriorates, building works are planned, or there is a significant change such as a change of tenancy. All reviews and conclusions must be recorded.

PropertyActions is an admin and recordkeeping tool. This guide explains the duty and the records involved; it is not legal advice and does not replace a competent person carrying out the statutory assessment.