Duty to Manage Asbestos Explained: A Practical Guide for Businesses and Landlords

Asbestos remains present in many UK buildings, particularly those built before 2000. While asbestos is often associated with removal works and major refurbishment projects, one of the biggest legal responsibilities for businesses and property owners is actually the ongoing management of asbestos already present within a building.

For commercial property owners, landlords, facilities managers and duty holders, understanding your responsibilities is essential. Failing to manage asbestos correctly can lead to risks for occupants, contractors and visitors, while also creating potential legal issues.

This guide explains the UK’s Duty to Manage requirements and what organisations should be doing to remain compliant.

What Is the Duty to Manage Asbestos?

The Duty to Manage comes from Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012). It places a legal obligation on those responsible for non domestic premises to identify and manage asbestos risks appropriately.

The purpose is not necessarily to remove asbestos immediately. In many situations, asbestos containing materials (ACMs) can remain safely in place if they are properly identified, monitored and managed.

The regulations apply to:

• Commercial premises such as offices, warehouses, factories and retail units
• Public buildings including schools, hospitals and community facilities
• Industrial premises
• Shared or common areas of residential properties, such as corridors, stairwells, plant rooms and communal spaces within blocks of flats

Private domestic interiors generally fall outside Duty to Manage requirements, although asbestos obligations can still arise when refurbishment or maintenance works are planned.

Who Is the Duty Holder?

The “Duty Holder” is the person or organisation responsible for maintenance and repair of the premises. This responsibility is not always the building owner.

Examples include:

• Commercial landlords
• Property owners
• Facilities management companies
• Managing agents acting operationally on behalf of owners
• Employers occupying and maintaining premises
• Tenants where maintenance responsibilities are included within lease agreements

Responsibilities can also be shared. For example, in a multi occupancy building, a landlord may manage communal areas while individual tenants manage their own occupied spaces. Lease agreements should always be reviewed carefully to understand responsibilities.

What Are Your Responsibilities Under the Duty to Manage?

Duty holders must take reasonable steps to identify asbestos and manage associated risks.

Typical steps include:

1. Identify Whether Asbestos Could Be Present

Buildings constructed before the UK asbestos ban in 1999 may still contain asbestos materials.

Common locations include:

• Pipe insulation
• Ceiling tiles
• Floor tiles
• Textured coatings
• Cement roofing sheets
• Insulation boards
• Service risers and plant rooms

Where asbestos cannot be ruled out, materials should be presumed to contain asbestos until proven otherwise.

2. Arrange an Appropriate Survey

For occupied buildings under normal use, an Asbestos Management Survey is often the most appropriate way to identify and assess asbestos containing materials.

This helps identify ACMs likely to be disturbed during everyday occupation, maintenance and minor works. The findings form the basis of future management planning.

Where intrusive works are planned, such as refurbishment or demolition, a more invasive Refurbishment and Demolition Survey is normally required before works begin.

3. Create and Maintain an Asbestos Register

An asbestos register records:

• Location of asbestos materials
• Type of ACM
• Material condition
• Risk assessment information
• Areas affected
• Inspection history

This register should remain accessible and updated whenever materials change, are repaired or removed.

4. Develop an Asbestos Management Plan

A survey alone is not enough.

Duty holders should maintain an asbestos management plan explaining:

• How risks will be controlled
• Inspection and review procedures
• Responsibilities
• Communication processes
• Actions if deterioration occurs
• Contractor management procedures

The plan should remain a live document and reviewed regularly.

5. Inform Anyone Who Could Disturb Asbestos

Contractors, maintenance teams and other workers must have access to relevant asbestos information before carrying out works.

This reduces the risk of accidental disturbance and fibre release.

Does Asbestos Always Need Removing?

No.

One common misconception is that all asbestos must be removed immediately.

In many cases, asbestos that remains in good condition and is unlikely to be disturbed may remain safely in situ under an active management plan. Removal may only become necessary where materials deteriorate, become damaged or are affected by planned works.

Professional assessment is important before any decisions are made.

What Happens If You Ignore Your Duty?

Failure to manage asbestos correctly can expose occupants and contractors to unnecessary risks.

From a compliance perspective, organisations may also face enforcement action where asbestos management duties have not been met. The Health and Safety Executive (HSE) and local authorities oversee compliance depending on building type.

More importantly, effective asbestos management helps protect everyone using the building.

How Acron Asbestos Can Help

Managing asbestos responsibilities can feel complex, particularly across multi site portfolios, commercial estates and occupied buildings.

Acron Asbestos supports organisations through services including:

• Asbestos Management Surveys
• Refurbishment and Demolition Surveys
• Sampling and testing
• Reinspection surveys
• Asbestos registers and management support
• Removal coordination and consultancy

Whether you manage a single commercial property or a larger portfolio, obtaining professional guidance can help ensure compliance while protecting building users and contractors.

If you require support understanding your asbestos responsibilities, contact Acron Asbestos to discuss your property requirements.