If you own, occupy or are responsible for a non-domestic building in Olympic Park, you almost certainly have a legal "duty to manage" the asbestos in it. This guide explains what that means under the Control of Asbestos Regulations 2012 (CAR 2012), and how to meet it. For help, call 020 4652 3586.
What the duty to manage means
Regulation 4 of CAR 2012 places a duty on the person responsible for maintenance of non-domestic premises — and the common parts of residential blocks, such as boiler rooms, stairwells and roof spaces. The duty-holder must take reasonable steps to find out whether asbestos is present, assume it is present if there's doubt, record its location and condition, assess the risk, and put a plan in place to manage it.
Who the duty-holder is
The duty-holder is usually the building owner, landlord, managing agent or, under a lease, whoever is responsible for repairs and maintenance. If responsibility is shared, the duty is shared. If you're unsure whether it applies to you, it's safer to assume it does and check.
What you actually need
Meeting the duty typically means four things: an asbestos survey (usually a management survey) to identify materials; an asbestos register recording what's present, where, and in what condition; an asbestos management plan setting out how the risk will be controlled; and regular re-inspection to keep the record current. Anyone liable to disturb the building fabric — contractors, maintenance staff — must be told what's there before they start.
How surveys fit in
A management survey supports normal occupation and maintenance. If you're planning refurbishment or demolition, you need a more intrusive refurbishment & demolition survey instead, carried out to HSE guidance HSG264. Getting the right survey is the foundation of compliance — our survey services cover both.
Why it matters
Beyond the legal obligation, the duty exists to protect people. Tradespeople and occupants are most at risk when hidden asbestos is disturbed without warning. A clear register and plan prevent that, and demonstrate due diligence if you're ever audited or an incident occurs.
How we help
We carry out management and refurbishment surveys, build your register, prepare a practical management plan, and provide scheduled re-inspections so your records stay valid. Call 020 4652 3586 or request a free quote.
Frequently asked questions
Does the duty to manage apply to my home?
Not to a private dwelling itself. But it does apply to the common parts of blocks of flats and to any non-domestic premises, so landlords and managing agents are usually caught by it.
How often should the register be reviewed?
The condition of materials should be monitored regularly and the register kept up to date — commonly reviewed at least annually, and whenever the building changes or work is planned.
Is a survey a legal requirement?
The regulations require you to identify and manage asbestos; in practice that means a survey, because you can't manage what you haven't found. Assuming material is asbestos without checking is allowed but usually impractical.
What happens if I ignore it?
Non-compliance can lead to enforcement action and, if someone is exposed, serious liability. The duty is straightforward to meet and far cheaper than the consequences of getting it wrong.