In This Guide
The Duty to Manage: Regulation 4 of CAR 2012
The duty to manage asbestos applies to anyone with responsibility for the maintenance and repair of non-domestic premises. This includes all workplaces and the common areas of multi-occupied residential buildings. The duty requires active management—not simply passive awareness—of any asbestos present in the building.
Identifying the Duty Holder
The duty holder is the person or organisation with the clearest responsibility for maintenance and repair. In many cases, this is the building owner. However, responsibility can pass to tenants or managing agents depending on lease terms and contractual arrangements. Where doubt exists, responsibility defaults to whoever has control of the premises.
Landlord Responsibilities
Landlords typically retain duty holder status for common areas and building structure. They must ensure surveys are conducted, maintain an asbestos register, prepare a management plan, and share information with tenants and contractors. Even where duties are delegated, landlords retain ultimate accountability.
Tenant Responsibilities
Tenants may become duty holders for their demised areas under full repairing and insuring (FRI) leases. The lease should clearly define responsibility for asbestos management. Tenants must comply with the management plan, inform the landlord of any damage to ACMs, and ensure contractors are given asbestos information before work begins.
Managing Agent Responsibilities
Managing agents often take on day-to-day asbestos management duties on behalf of landlords. However, this delegation does not transfer ultimate legal responsibility. Agents must act competently, maintain proper records, and ensure communication between all parties. The landlord remains liable if the agent fails to fulfil duties properly.
Multiple Duty Holders
Complex buildings often have multiple duty holders with overlapping responsibilities. In these cases, cooperation is essential. Written agreements should clarify who manages which areas and how information is shared. Joint management plans may be appropriate for common areas and shared services.
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Frequently Asked Questions
Does the lease determine who is responsible for asbestos?
The lease influences responsibility but does not override the law. CAR 2012 places duties on whoever has practical control of premises. Even where leases assign maintenance responsibility, both landlord and tenant may have concurrent duties.
What if the building was purchased without an asbestos register?
The new owner becomes the duty holder and must commission a survey and establish a register. Previous non-compliance does not excuse the new owner from their obligations. Due diligence during purchase should include requesting asbestos documentation.
Can I delegate my duty to manage to a surveying company?
You can appoint consultants to conduct surveys and assist with management, but you cannot delegate legal responsibility. The duty holder remains accountable for ensuring duties are fulfilled properly.
What records must the duty holder maintain?
The duty holder must maintain an asbestos register showing location, condition, and type of ACMs; a management plan detailing how risks will be managed; records of inspections and condition assessments; and evidence that information has been shared with relevant parties.
What are the penalties for failing to manage asbestos?
The HSE can issue improvement notices, prohibition notices, and prosecute for serious breaches. Fines are unlimited, and individuals can face imprisonment. Directors and managers can be personally liable where offences are committed with their consent or neglect.