Asbestos Regulations: What You Need to Know

The Control of Asbestos Regulations (CAR) 2012

The Control of Asbestos Regulations (CAR) 2012 covers all non-domestic premises. The regulation applies to all commercial and retail premises, industrial sites, factories, warehouses, offices, hospitals and schools built before 2000. It also covers the shared, common parts of domestic properties, such as entrance lobbies, hallways, stairs, landings, lift shafts and roof spaces, even though it does not apply inside individual private flats themselves.

You can find a complete list of premises and areas covered by the Duty to Manage on the HSE web page.

Duty to Manage: Regulation 4

In practice, the Duty to Manage means that you must have identified any asbestos in the property that is likely to be disturbed during usual occupation or maintenance. The most effective way to do this is to have an asbestos survey carried out by a qualified asbestos surveyor. You also have to monitor the condition of any asbestos-containing materials (ACMs) to ensure they do not deteriorate and start to release fibres.

The person responsible for this, known as the dutyholder, is not always simply the building owner. In practice, the dutyholder could be:

• The building owner, particularly where they retain responsibility for maintenance and repairs
• The landlord, where a tenancy agreement makes them responsible for the building’s upkeep
• A tenant, where the tenancy agreement places maintenance and repair responsibility on them instead
• Whoever has clear control of the premises, where there is no tenancy agreement or contract in place, or the premises are unoccupied

Using a managing agent does not transfer the legal duty away from the owner. A managing agent can act on the owner’s behalf, but the ultimate legal responsibility for complying with the Duty to Manage always remains with the owner.

Regular Inspection: Managing Asbestos in Buildings

Although the regulations state only that materials be inspected “regularly,” we recommend you have an annual Re-Inspection Survey carried out as a minimum. This gives you a documented, up-to-date record showing that ACMs identified in your original survey are still in a stable, safe condition.

You must regularly review your Asbestos Register to ensure the safe management of any asbestos identified during the survey, typically every six months to annually. HSE guidance recommends that a full review of your management plan takes place at least every six months, checking that it is still being followed correctly, that maintenance workers and contractors are being given the right information before they start work, and that any damaged or deteriorated materials have been dealt with.

The review frequency may differ depending on the condition of the asbestos-containing material or its location. Materials in good condition, in areas of low disturbance, may only need checking annually. Materials showing early signs of wear, or located somewhere they are more likely to be knocked or disturbed, may need checking more often. Our Asbestos Management Plan service can help with this ongoing compliance requirement.

Further detail on developing and reviewing a management plan is available in the HSE’s guidance document: Managing Asbestos in Buildings (HSG227).

What Happens If You Don’t Comply?

The Health and Safety Executive enforces the Control of Asbestos Regulations 2012. Failure to identify, manage, or act on asbestos risk can result in prosecution, unlimited fines, and in serious cases, custodial sentences for those responsible. Beyond the legal consequences, the real risk is to people, disturbing unidentified asbestos can expose workers, contractors and building occupants to a health risk that may not become apparent for many years.

Enquire About an Asbestos Survey

If you would like to enquire about an asbestos survey, or need some advice on your Duty to Manage responsibilities, we are happy to help.

Areas Covered