The Duty to Manage Asbestos: CAR 2012 Regulation 4 Explained
The duty to manage asbestos is the legal obligation on those who control non-domestic premises to identify asbestos-containing materials, assess the risk they pose, and manage that risk. This guide explains who has the duty, what it requires in practice, and how to comply.
What Does the Duty to Manage Require?
The Control of Asbestos Regulations 2012 (CAR 2012) Regulation 4 places a duty on the person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises — or who has control of those premises — to manage the risk from asbestos.
The duty is ongoing. It is not discharged by a single survey or a one-time management plan. It requires continuous monitoring, regular re-inspection, and active management of any asbestos-containing materials (ACMs) identified in the premises. The HSE's guidance document L143 (Managing and Working with Asbestos) sets out the practical requirements in detail.
CAR 2012 Regulation 4(1) — The Core Duty
"Every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom, or who has control of the carrying out of any such maintenance or repair, shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in those premises."
Who Has the Duty to Manage?
The duty falls on those who have control over non-domestic premises — not necessarily the owner. The following categories of person are typically duty holders:
Owner-occupiers of non-domestic premises
Examples: Business owners who own and occupy their own premises — offices, workshops, retail units, industrial units.
Obligation: Full duty to manage — survey, register, management plan, re-inspection, and communication to contractors.
Landlords of non-domestic premises
Examples: Commercial landlords, local authorities, housing associations (for communal areas), NHS trusts, schools.
Obligation: Full duty to manage for all areas under their control, including communal areas, plant rooms, and roof spaces.
Managing agents
Examples: Property management companies acting on behalf of landlords or freeholders.
Obligation: Duty to manage applies to the extent of their control over the premises. Must ensure the duty is discharged on behalf of the owner.
Tenants with repairing obligations
Examples: Commercial tenants with full repairing and insuring (FRI) leases who have control over the structure and fabric of the building.
Obligation: Duty to manage applies to the areas under their control and repairing obligation. The extent depends on the lease terms.
How to Comply: The Six Steps
The HSE's L143 guidance sets out a six-step approach to complying with the duty to manage.
Find Out If Asbestos Is Present
Carry out a management survey of the premises to identify all asbestos-containing materials (ACMs) and their location, type, and condition. For buildings constructed after 2000, a survey is still advisable to confirm the absence of ACMs.
Assess the Risk
For each ACM identified, assess the risk it poses using the Material Assessment Algorithm (MAA) from HSE MDHS100. The assessment considers the product type, extent of damage, surface treatment, and asbestos type. The result is a priority score that determines the appropriate management action.
Make a Management Plan
Prepare a written asbestos management plan that records all ACMs, their risk assessment scores, and the management actions to be taken. The plan must specify who is responsible for implementing it and the timescales for each action.
Act on the Plan
Implement the management actions in the plan — whether that is monitoring, encapsulation, or removal. Ensure that any work on ACMs is carried out by appropriately licensed or trained contractors.
Review and Monitor
Carry out annual re-inspections of all ACMs to check that their condition has not changed. Update the management plan and register after each re-inspection. Review the plan whenever there are changes to the building or its use.
Tell People Who Need to Know
Provide information about the location and condition of ACMs to anyone who is liable to disturb them — maintenance contractors, building workers, emergency services. This communication duty is explicit under Regulation 4(9) of CAR 2012.
Frequently Asked Questions
Does the duty to manage apply to domestic properties?
The duty to manage under CAR 2012 Regulation 4 applies to non-domestic premises. It does not apply to private domestic dwellings. However, landlords of residential properties have a duty of care to their tenants under other legislation (including the Landlord and Tenant Act 1985 and the Housing Act 2004), and the HSE strongly recommends that residential landlords carry out an asbestos survey and manage any ACMs found. For houses in multiple occupation (HMOs), the duty is more explicit.
What is the penalty for failing to comply with the duty to manage?
Failure to comply with the duty to manage is a criminal offence under the Health and Safety at Work etc. Act 1974. The HSE can issue Improvement Notices, Prohibition Notices, and prosecute duty holders. Fines are unlimited in the Crown Court. In practice, the HSE's enforcement approach focuses on Improvement Notices for first-time non-compliance, but repeat or serious failures can result in prosecution and significant fines.
What is the difference between the duty to manage and the duty to remove?
There is no general duty to remove asbestos. The duty to manage requires duty holders to identify ACMs, assess their risk, and manage them — which in most cases means monitoring and maintaining them in good condition, not removing them. Removal is only required when ACMs are in a condition that poses an unacceptable risk, or when building works require their disturbance. In many cases, well-maintained ACMs are best left in place and managed.
How often does the asbestos management plan need to be reviewed?
The management plan must be reviewed at suitable intervals. The HSE recommends annual re-inspections of ACMs and a formal review of the management plan at least annually. The plan must also be reviewed whenever there are changes to the building (refurbishment, change of use, new tenants) or whenever an ACM's condition changes. The re-inspection and plan review should be carried out by a competent person — typically a UKATA-trained surveyor.
Who is a 'competent person' for the purposes of the duty to manage?
A competent person for asbestos management purposes is someone with sufficient training, knowledge, and experience to carry out the relevant tasks safely and correctly. For asbestos surveys and re-inspections, this means a surveyor accredited under UKAS (United Kingdom Accreditation Service) to ISO 17020. For asbestos removal, it means a contractor licensed by the HSE under CAR 2012 Regulation 8 (for licensed work) or trained to UKATA standards (for non-licensed work).
Related Guides & Services
Need Help Complying with the Duty to Manage?
We provide management surveys, asbestos registers, management plans, and annual re-inspections for duty holders across Croydon, Surrey, London, and the South East.