The short answer
The duty to manage is set out in regulation 4 of the Control of Asbestos Regulations 2012. It applies to non-domestic premises and to the common parts of domestic buildings such as blocks of flats. The person responsible must find out whether asbestos is present, record where it is and what condition it’s in, write a plan to manage it, and tell anyone who might disturb it. HSE’s duty to manage guide walks through each step.
Asbestos was widely used in buildings until it was fully banned in 1999. HSE says buildings constructed after 2000 are unlikely to contain it, so the duty matters most for anything older.
Which buildings it covers
The duty covers all non-domestic premises: offices, shops, warehouses, factories, schools, churches, surgeries, hotels and so on. It also covers the shared parts of multi-occupancy housing. HSE gives examples such as foyers and corridors, lifts and lift shafts, staircases, roof spaces, gardens and yards, and outhouses and garages.
It does not cover private homes themselves. HSE says plainly that the duty to manage does not apply to domestic premises such as owner-occupied homes, or to the inside of individual flats. Workers in homes are still protected, because the regulations govern the work itself.
Who the duty holder is
Under regulation 4 the duty holder is whoever has a contract or tenancy that makes them responsible for maintenance or repair. Where there is no such agreement, it is whoever has control of the premises. In practice that is often:
- the owner of a building they occupy;
- the landlord of a building let to tenants;
- a managing agent or freeholder for the common parts of a block;
- a tenant whose lease puts repairs and maintenance on them.
Duties can be shared. HSE’s guidance says the extent of each party’s duty depends on the agreement, and in a multi-let building the owner usually takes the common parts while occupiers take the parts they maintain. Everyone with a duty must co-operate with the others.
What you must do
- Find out whether asbestos is present, or is likely to be, and where. Presume a material contains asbestos unless there is strong evidence that it doesn’t.
- Assess the type, amount and condition of each material, and the risk of anyone disturbing it.
- Register the results in a written record of known and presumed asbestos.
- Plan how you will manage each item, who is responsible and what happens in an emergency.
- Inform anyone liable to disturb it, including maintenance workers, contractors and the emergency services.
- Review the plan and check the condition of materials regularly. HSE says to review the plan every 12 months, or sooner if necessary.
HSE also expects you to appoint a competent person to manage asbestos day to day.
Finding asbestos: surveys and presumption
Most duty holders start with a management survey. It looks for asbestos that could be disturbed during normal use and routine maintenance, and it gives you the information for your register. Areas a surveyor can’t reach must be presumed to contain asbestos until someone can check them.
A management survey is not enough before building work. Refurbishment and demolition need a separate, intrusive refurbishment and demolition survey. Our guide to which survey you need explains the difference.
Telling people who might disturb it
A register in a drawer protects nobody. Before an electrician, plumber or shopfitter starts, show them the register for the area they’ll work in and make sure they understand it. HSE’s page on providing information covers this. Keep a copy where the fire service can find it, too.
Keeping it live: monitor and review
Asbestos in good condition is often best left in place and managed. That only works if someone checks it. Set dates for condition checks, update the register when anything changes, and record what you did. Our guide to the asbestos register and management plan goes into more detail.
Where duty holders often fall short
In April 2026 HSE said the failings its inspectors find most often are having no management plan, poor information, instruction and training, and weak procedures for work that could disturb asbestos. HSE’s Asbestos: Your Duty campaign is aimed at building owners, landlords and duty holders and is worth a look.
If you need a survey or help getting a register in place, ask us for a quote.
Quick answers
Does the duty to manage apply to my house?
No. HSE says it doesn’t apply to owner-occupied homes or the inside of individual flats. It does apply to the common parts of blocks of flats.
I’m a tenant in a shop. Is it my duty or the landlord’s?
It depends on the lease. Whoever is responsible for maintenance and repair holds the duty, and it can be shared. Check your lease and talk to your landlord.
Do I have to remove asbestos I find?
Not necessarily. Materials in good condition that won’t be disturbed can often be managed in place. Damaged material must be repaired, sealed, enclosed or removed.
How often should the plan be reviewed?
HSE says every 12 months, or sooner if something changes, such as building work or damage to a material.
This guide is general information, not legal advice. For the law itself, see the Control of Asbestos Regulations 2012 and HSE’s asbestos pages. Not sure what you’re dealing with? Ask us.