Asbestos: the duty to manage
The duty to manage does not end when the survey is filed. It runs continuously, and the moment it usually matters is when somebody drills a wall.
What the law requires
Regulation 4 of the Control of Asbestos Regulations 2012 places a duty to manage asbestos in non-domestic premises on whoever has responsibility for maintenance and repair, whether through a contract, a tenancy or actual control. The duty holder must take reasonable steps to find out whether asbestos-containing materials are present, presume material is asbestos unless there is strong evidence otherwise, record what is found and its condition, assess the risk, prepare a written plan to manage it, act on the plan, review it, and make the information available to anybody liable to disturb the material.
Legislation referred to on this page: Control of Asbestos Regulations 2012, regulation 4. Named so you can read the source. Nothing on this page is legal advice, and whether a duty applies to your organisation is a question for you and your adviser.
Who it applies to
- Non-domestic premises, and the common parts of domestic premises.
- Buildings constructed or refurbished before the year 2000 are the usual concern, but the duty is to find out rather than to assume by age.
- The duty follows control of maintenance and repair — so it can sit with a landlord, a tenant, or be shared, depending on what the lease actually says.
What you have to be able to show
The list an inspector, insurer or auditor actually works through.
- The asbestos register or survey, and how the information was obtained.
- The written management plan, and evidence it is being followed.
- Condition monitoring: when materials were last inspected and what state they were in.
- That contractors and maintenance staff were given the information before work began.
- Records of any removal or remedial work, and who did it.
How DutyHub records it
DutyHub does not carry out any of the work below. It records who did, when, and what they found.
Register and plan as controlled documents
Both approved, both with review dates, and the register reports on the version actually in force.
Condition monitoring on a schedule
Each recorded material carries its own re-inspection cycle rather than one blanket date for the building.
Contractor briefing recorded
A no-login link puts the current information in front of a contractor and records that they opened it, which is the part that is normally missing.
Start with what applies to you
Add your premises and answer a short set of questions about them. DutyHub works out which duties land on which building, and shows you the gaps before anybody else finds them.
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