The duty to manage asbestos: what it means and who it applies to
Regulation 4 of CAR 2012 places a legal duty on the person responsible for non-domestic premises to manage asbestos. This guide explains who the dutyholder is, what they must do, and how to comply.
What is the duty to manage?
Regulation 4 CAR 2012: the legal obligation explained
Regulation 4 of CAR 2012 requires the dutyholder to manage asbestos in non-domestic premises. This means identifying whether asbestos is present, assessing the risk, and putting in place a written management plan to ensure the asbestos does not put anyone at risk.
The duty does not require the immediate removal of all asbestos. In many cases, asbestos in good condition is best managed in place — monitored, recorded, and left undisturbed. The duty requires that the dutyholder knows what is there, knows its condition, and has a plan for managing it safely.
The duty applies to all non-domestic premises — offices, warehouses, schools, hospitals, shops, factories, and the common parts of residential buildings. It does not apply to private domestic properties (houses and flats), but it does apply to the common areas of blocks of flats and to any part of a residential building that is used for non-domestic purposes.
Failure to comply with Regulation 4 is a criminal offence. The HSE can issue improvement notices, prohibition notices, and prosecute dutyholders. Fines are unlimited in the Crown Court.
What you must do
The seven elements of the duty to manage
Identify whether ACMs are present
Carry out a management survey of the premises. The survey must be carried out by a competent person — in practice, a UKAS-accredited surveyor.
Assess the condition and risk
Evaluate the condition of each ACM (using a standard scoring system) and assess the risk it poses to those who work in or use the building.
Maintain an asbestos register
Record the location, type, condition, and risk rating of all identified ACMs. The register must be kept up to date and made available to anyone who may disturb the ACMs.
Produce a written management plan
Set out how each ACM will be managed — monitored, encapsulated, repaired, or removed — and the schedule for review.
Implement the plan
Carry out the actions set out in the management plan. This may include monitoring, encapsulation, or removal by a trained contractor.
Inform those who may disturb ACMs
Ensure contractors, maintenance workers, and others who may work near ACMs are informed of their presence, location, and condition before work begins.
Review and update
Review the register and management plan regularly (at least annually), and update when ACMs are disturbed, removed, or their condition changes.
Who is the dutyholder?
Identifying who has the legal obligation
Shared buildings: Where a building has multiple occupiers, the duty may be shared. The HSE's guidance recommends that a single person takes overall responsibility for the asbestos register and management plan, with individual occupiers responsible for their own areas.
Frequently asked questions
Need a management survey to fulfil your duty?
We carry out management surveys across London and can advise on your obligations as a dutyholder. Free consultation, no obligation.