Many non-domestic buildings still contain asbestos-containing materials (ACMs). While asbestos does not always need to be removed, it does need to be managed appropriately to reduce the risk of accidental disturbance and exposure.
The duty to manage asbestos helps ensure asbestos-containing materials are identified, monitored and managed safely. Understanding who is responsible is an important part of protecting anyone who works in, visits or carries out maintenance on a building.
What Is the Duty to Manage Asbestos?
The duty to manage asbestos is a legal requirement under the Control of Asbestos Regulations 2012. It applies to those responsible for managing non-domestic premises and aims to ensure asbestos-containing materials are identified and managed safely throughout the life of a building.
Rather than requiring all asbestos to be removed, the duty focuses on preventing asbestos-containing materials from being accidentally disturbed. This is achieved by identifying where asbestos is located, assessing its condition and putting appropriate management measures in place.
Effective asbestos management helps reduce the risk of asbestos fibre release while ensuring anyone who may work on or within the building has access to accurate asbestos information.
Who Is Responsible for Managing Asbestos?
Responsibility for managing asbestos usually falls to the duty holder. This is the person or organisation responsible for the maintenance or repair of non-domestic premises, or the person who has control over part or all of the building.
Depending on the property, the duty holder may be:
- Commercial property owners
- Landlords of non-domestic premises
- Facilities managers
- Managing agents
- Employers responsible for workplace buildings
- Local authorities
- Schools, academies and colleges
- NHS trusts and healthcare providers
In some buildings, responsibility may be shared between more than one organisation or individual. For example, landlords and tenants may each have responsibilities depending on the terms of the lease and who is responsible for maintaining different parts of the property.
Where responsibility is shared, it is important that everyone involved understands their role to ensure asbestos continues to be managed safely and effectively.
What Does the Duty to Manage Involve?
The duty to manage asbestos is an ongoing responsibility. It involves identifying asbestos-containing materials (ACMs), monitoring their condition and ensuring appropriate measures are in place to prevent accidental disturbance.
Identifying Asbestos
The first step is understanding whether asbestos-containing materials are present within the building. This is typically achieved through an asbestos management survey, which identifies the location, type and condition of any asbestos found.
Maintaining an Asbestos Register
Once asbestos has been identified, the information should be recorded within an asbestos register. This provides a clear record of where asbestos-containing materials are located and helps ensure anyone carrying out work within the building has access to accurate information.
Carrying Out Risk Assessments
Identifying asbestos is only part of the process. Risk assessments help determine the level of risk posed by asbestos-containing materials by considering factors such as their condition, location and the likelihood of disturbance.
Preparing an Asbestos Management Plan
An asbestos management plan sets out how asbestos-containing materials will be managed on an ongoing basis. It outlines inspection schedules, responsibilities and the procedures that should be followed to minimise the risk of asbestos exposure.
Monitoring and Reviewing Asbestos-Containing Materials
Asbestos-containing materials should be inspected regularly to ensure they remain in good condition. If their condition changes, or if repair, encapsulation or removal work is carried out, asbestos records and management plans should be updated accordingly.
Providing Information to Contractors
Before maintenance, refurbishment or other building work takes place, contractors should be provided with relevant asbestos information.
This helps ensure work can be planned safely and reduces the risk of asbestos-containing materials being accidentally disturbed.
Which Buildings Does the Duty to Manage Apply To?
The duty to manage asbestos generally applies to non-domestic premises and the common areas of certain domestic buildings. This includes a wide range of properties where asbestos-containing materials may still be present.
Examples include:
- Offices
- Shops and retail premises
- Factories and industrial buildings
- Warehouses
- Schools, colleges and universities
- Hospitals and healthcare facilities
- Local authority and other public buildings
- The communal areas of blocks of flats and other multi-occupancy residential buildings
The duty to manage does not usually apply to individual private homes. However, homeowners should still take appropriate precautions if asbestos-containing materials are suspected, particularly before carrying out refurbishment or demolition work.
What Happens If You Don’t Comply?
Failing to manage asbestos effectively can increase the risk of asbestos-containing materials being accidentally disturbed, particularly during maintenance or refurbishment work.
Without accurate records and appropriate management procedures, contractors and maintenance teams may not have the information they need to work safely.
Poor asbestos management can also make it more difficult for duty holders to demonstrate they are meeting their legal responsibilities. Maintaining accurate records, carrying out regular inspections and reviewing asbestos management arrangements all help support compliance while reducing unnecessary risks.
How Can You Meet Your Duty to Manage?
Meeting the duty to manage asbestos is an ongoing process rather than a one-off task. By keeping asbestos information up to date and reviewing it regularly, duty holders can ensure asbestos-containing materials (ACMs) continue to be managed safely throughout the life of the building.
Some practical steps include:
- Arranging an asbestos management survey where appropriate
- Maintaining an up-to-date asbestos register
- Carrying out regular inspections of asbestos-containing materials
- Completing asbestos risk assessments where required
- Preparing and reviewing an asbestos management plan
- Providing asbestos information to contractors before work begins
- Updating asbestos records following inspections, repairs, encapsulation or removal work
Taking a proactive approach to asbestos management helps ensure important information remains accurate and readily available whenever it is needed.
Need Help Managing Asbestos?
If you need support meeting your duty to manage asbestos, our experienced team is here to help.
We provide asbestos surveys, asbestos registers, risk assessments, management plans and licensed asbestos removal services, helping property owners and duty holders manage asbestos safely and comply with current regulations.
To discuss your requirements, call us today on 01942 811591 or complete our contact form and a member of our team will be in touch.
Duty to Manage Asbestos FAQs
What is the duty to manage asbestos?
The duty to manage asbestos is a legal requirement under the Control of Asbestos Regulations 2012. It requires duty holders to identify, assess and manage asbestos-containing materials within non-domestic premises to reduce the risk of accidental disturbance.
Who is the duty holder?
The duty holder is the person or organisation responsible for the maintenance or repair of non-domestic premises. This may be a property owner, landlord, facilities manager, managing agent or employer, depending on who has responsibility for the building.
Does the duty to manage apply to domestic properties?
The duty generally applies to non-domestic premises and the communal areas of certain residential buildings. It does not usually apply to individual private homes, although homeowners should still seek professional advice if asbestos is suspected before carrying out building work.
Do I need an asbestos survey?
If you are responsible for a non-domestic building and asbestos has not previously been identified, an asbestos management survey may be required to determine whether asbestos-containing materials are present and how they should be managed.
How often should asbestos be inspected?
There is no single inspection frequency that applies to every building. The condition, location and type of asbestos-containing material should be considered when determining inspection intervals, with regular reviews forming part of the asbestos management plan.
What happens if asbestos is found?
Finding asbestos does not automatically mean it needs to be removed. If asbestos-containing materials are in good condition and unlikely to be disturbed, they can often remain safely in place as part of an effective asbestos management plan.