If you manage or own a non-domestic building constructed before 2000, you have a legal duty to manage asbestos under CAR 2012. This page explains what that means in practice — and how Diamond Asbestos helps facilities managers and property owners meet their obligations without disrupting operations.
Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012) places a legal duty on anyone who owns, occupies, or manages a non-domestic building built before 2000 to manage asbestos-containing materials (ACMs) within it. The duty applies regardless of whether you know asbestos is present — if the building was constructed before 2000, you must find out.
In practice, the duty to manage requires four things: a survey to identify ACMs; a risk assessment for each ACM found; a written asbestos management plan (AMP) documenting how each ACM will be managed; and a programme of periodic re-inspections to monitor condition changes. The AMP must be shared with anyone who might disturb the ACMs — including maintenance contractors, cleaning staff, and building services engineers.
Failure to comply with the duty to manage is a criminal offence under CAR 2012. The HSE can issue improvement notices, prohibition notices, and prosecute. In practice, the most common enforcement trigger is a contractor discovering asbestos during work that was not identified in a survey — because no survey had been carried out.
Use this checklist to assess your current compliance position. Each item corresponds to a specific legal or best-practice requirement under CAR 2012 and HSG264.
Required for all non-domestic premises built before 2000 that are in normal use
Records ACM location, type, condition, and risk rating for each building
Documents how ACMs will be managed, monitored, and — where necessary — removed
Any contractor working on the building must be informed of ACM locations before work begins
ACMs must be re-inspected periodically to monitor condition changes — typically annually
Required before any work that will disturb the fabric of the building
Issued by an independent UKAS-accredited analyst — confirms the area is safe to reoccupy
If any item is not in place: You may be in breach of your duty to manage under CAR 2012. Contact us to discuss a survey and compliance programme — we can advise on prioritisation based on building age, condition, and planned works.
The most common compliance failure we encounter in commercial properties is not the absence of a management survey — it is the absence of a refurbishment and demolition (R&D) survey before building work begins. A management survey identifies ACMs in the building as it stands; it does not authorise work that will disturb the fabric of the building. For that, an R&D survey is required.
The R&D survey is fully intrusive. The surveyor will access above suspended ceilings, inside ducts and service voids, behind linings and panelling, and within any other area that will be disturbed by the planned work. The survey must be completed — and the results reviewed — before work begins. Commissioning it the week before a fit-out starts is not sufficient if the results require remediation work.
The practical consequence of not commissioning an R&D survey is a project stop. If a contractor discovers asbestos during work, they are legally required to stop immediately, seal the area, and notify the HSE. The project cannot restart until the asbestos has been assessed and — if necessary — removed by a qualified contractor. In a commercial fit-out, this can mean weeks of delay and significant additional cost.
We can typically complete a commercial R&D survey within 5–10 working days of instruction. Results are delivered in a format your contractor can act on immediately.
The Regulation 4 survey for buildings in normal use. Identifies ACMs, assesses condition and risk, and produces the register and AMP.
Learn moreFully intrusive HSG264 survey required before any building work. Identifies all ACMs in areas to be disturbed.
Learn moreNon-licensed abatement for offices, warehouses, retail units, and other commercial premises. Timed to minimise disruption.
Learn moreIndependent UKAS-accredited clearance certificate after removal. Required by CAR 2012 for licensed work; best practice for all.
Learn moreA facilities manager at a mid-sized office building in Bermondsey contacted us after a contractor carrying out a ceiling replacement discovered what appeared to be asbestos insulation board (AIB) above a suspended ceiling grid. The contractor had stopped work immediately and sealed the area. The building had a management survey from 2019, but the survey had not identified AIB in that location — because the surveyor had not accessed above the suspended ceiling, which was outside the scope of a management survey.
We attended within 24 hours, took samples, and confirmed the material was AIB — a higher-risk ACM that requires licensed removal. We referred the removal to a licensed contractor, arranged the air clearance, and the ceiling replacement was completed approximately three weeks later than planned.
The facilities manager asked us afterwards why the management survey had not identified the AIB. The answer is that it was not supposed to: a management survey is designed for buildings in normal use, and surveyors do not routinely access above suspended ceilings because doing so requires the ceiling to be partially dismantled. That is precisely what an R&D survey is for — and it should have been commissioned before the ceiling replacement began.
We now include this scenario in our pre-survey briefing to commercial clients: if you are planning any work above a suspended ceiling, inside a duct, or behind a lining — even in a building with a current management survey — an R&D survey is required for the areas to be disturbed. The management survey does not cover it.
For facilities managers responsible for multiple buildings, asbestos compliance is a portfolio management challenge as much as a building-by-building one. The key requirements are consistency — the same survey methodology, the same register format, and the same risk-rating criteria applied across all buildings — and visibility, so that the compliance status of every building is accessible in a single place.
We have surveyed and managed asbestos across multi-building commercial portfolios in South East London, including office parks, industrial estates, and mixed-use developments. Our approach for portfolio clients includes a phased survey programme (prioritised by building age, condition, and planned works), a standardised register format that can be integrated into existing facilities management systems, and a scheduled re-inspection programme with advance notification.
If you manage a portfolio of buildings and do not have a current management survey for each one, contact us to discuss a phased programme. We can prioritise buildings based on age, construction type, and planned works to ensure the highest-risk properties are addressed first.
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