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Duty to Manage Asbestos Guide

Duty to Manage Asbestos (Regulation 4)

Duty to Manage (Regulation 4 of the Control of Asbestos Regulations 2012) is the legal requirement for those responsible for non-domestic premises to identify, assess and manage asbestos risks. If you own, occupy or maintain a building built before 2000, you are likely a Dutyholder.

Duty to Manage means finding asbestos, assessing the risk and preventing exposure. These responsibilities exist to protect workers, contractors and building occupants from asbestos-related harm.


Who Is the Dutyholder?

A Dutyholder is the person or organisation responsible for repair, maintenance or control of non-domestic premises. This commonly includes:

  • Building owners
  • Landlords
  • Managing agents
  • Employers controlling the building
  • Facilities or estates managers
  • Anyone with contractual responsibility for maintenance

More than one Dutyholder may share accountability. Responsibilities must be clearly defined and documented.


Dutyholder Responsibilities (Regulation 4)

1. Conduct an Asbestos Survey

Most buildings built before 2000 require an Asbestos Management Survey carried out by a competent surveyor. If materials cannot be confirmed as asbestos-free, they must be presumed to contain asbestos.

2. Create and Maintain an Asbestos Register

The register must record:

  • The location of asbestos-containing materials (ACMs)
  • The condition of those materials
  • Risk assessments
  • Any presumed ACMs
  • Records of inspections and monitoring

3. Assess the Risk of Exposure

This includes evaluating the likelihood of disturbance, the integrity of the material and occupancy patterns.

4. Develop an Asbestos Management Plan

The management plan must set out:

  • Who is responsible
  • How ACMs will be managed
  • Monitoring and reinspection arrangements
  • Emergency procedures
  • How information will be shared with contractors and staff

5. Provide Information to Anyone Who May Disturb Asbestos

This includes maintenance staff, tradespeople, contractors and internal staff carrying out work.

6. Review and Update Regularly

The asbestos register and management plan must be reviewed at least annually or sooner if materials deteriorate or if the building changes.


What Is an Appointed Person?

An Appointed Person is an individual assigned by the Dutyholder to oversee asbestos management within an organisation.

Key responsibilities include:

  • Coordinating asbestos surveys and reinspections
  • Updating the asbestos register
  • Overseeing the Asbestos Management Plan
  • Monitoring ACMs and reporting deterioration
  • Ensuring information is communicated to contractors
  • Supporting legal compliance

The Appointed Person must be trained and competent, but does not need to be an asbestos expert.


Training Requirements

Correct training is essential for Dutyholders, Appointed Persons and anyone who may encounter asbestos.

Recommended training includes:

To find a UKATA Approved Training Provider, use the UKATA Training Provider Directory.


General Duty to Manage FAQs

Do I need a Duty to Manage system if my building is empty?

Yes. Duty to Manage still applies, because maintenance, inspections or security access can disturb asbestos. Even an unoccupied building must have risks assessed and controlled.

Does Duty to Manage apply if I only rent part of a building?

Yes. Responsibilities depend on your lease. You may share responsibility with the landlord or managing agent. These responsibilities must be clearly agreed and documented.

If an asbestos survey has been done, do I still need an Asbestos Management Plan?

Yes. The survey identifies asbestos, but the management plan explains how you will manage those risks day-to-day. Both are required for compliance.

How often should my Asbestos Management Plan be reviewed?

Your Asbestos Management Plan should normally be reviewed at least once a year, but the exact frequency depends on the risks in your building. If the use of the building changes, refurbishment is planned, or new information about asbestos comes to light, the plan should be reviewed sooner to ensure it remains accurate and effective.

How often should asbestos-containing materials (ACMs) be inspected?

ACMs should be reinspected regularly to check for any change in condition, and the frequency should be based on the risk assessment. Many organisations reinspect ACMs every 6 to 12 months, but higher-risk materials, high-traffic areas, or locations with frequent maintenance may require more frequent checks.

Your Asbestos Management Plan should specify how often each material needs to be reinspected based on:

  • its condition
  • the material/priority risk score
  • how likely it is to be disturbed
  • access and usage of the area

The key principle is that inspection frequency must reflect the risk of fibre release, not just a fixed annual cycle.

Who can update the asbestos register?

A competent person, typically the Appointed Person or Dutyholder, can update it. Updates must be made whenever ACMs are inspected, removed, repaired or when their condition changes.

Can I manage asbestos myself without a consultant?

Yes, if you are trained and competent. However, many organisations choose professional support for surveys, sampling and higher-risk assessments.

Does Duty to Manage apply to small businesses?

Yes. Regulation 4 applies to all non-domestic premises, regardless of size or number of employees.

Do staff need to be told about asbestos in the building?

Yes. Anyone who could disturb asbestos, staff or contractors, must be informed and provided with access to the asbestos register.

What should I do if asbestos is damaged?

Restrict access immediately, prevent disturbance, and arrange for an urgent assessment. Your management plan should outline the emergency procedure to follow.

Is a Management Survey the same as a Refurbishment / Demolition Survey?

No. A Management Survey is for normal occupancy. A Refurbishment/Demolition Survey is required before any intrusive work.

Who should be the Dutyholder?

The Dutyholder is whoever has responsibility for repair and maintenance under the lease or contract. This may be the owner, landlord, managing agent or employer in control of the building.

Do small organisations need an Appointed Person?

Yes. Even small premises benefit from someone trained to coordinate asbestos-related tasks and keep records up to date.

Can the Dutyholder and Appointed Person be the same person?

Yes, as long as the person is competent and trained for the role.

Is an Appointed Person legally required?

The role itself is not named in legislation, but Regulation 4 requires responsibilities to be clearly assigned, the Appointed Person fulfils this in practice.

How much authority should an Appointed Person have?

Enough to update records, coordinate/review surveys, communicate with contractors and ensure work is paused if risks are identified.

What training does a Dutyholder need?

Duty to Manage Asbestos: Dutyholder training covering Regulation 4 obligations, surveys, registers and management planning.

What training does an Appointed Person need?

Duty to Manage Asbestos: Appointed Person training, which provides deeper understanding of monitoring, reinspection and managing the Asbestos Management Plan.

What training do staff need if they may disturb asbestos?

They need Asbestos Awareness. This is the minimum legal requirement for anyone who could encounter asbestos as part of their work.

What training is required for minor asbestos tasks?

Non-Licensed Asbestos Training is required for work on lower-risk ACMs, such as removing small sections of floor tiles or drilling textured coatings.

Who is the Duty to Manage (Overview) course for?

This course is ideal for supervisors, managers, health & safety staff and any employee involved in the asbestos management process but not acting as the main Dutyholder.

How often should asbestos training be refreshed?

Typically every 12 months, although some organisations choose refresher intervals based on risk, job role and frequency of potential exposure.

Do cleaners, caretakers or reception staff need asbestos training?

If their duties could lead to accidental disturbance of ACMs, they require Asbestos Awareness. If their role poses no potential for disturbance, training may not be required, but a risk assessment should confirm this.

Is online asbestos training acceptable?

Yes, for Asbestos Awareness.

Duty to Manage Overview, Dutyholder, Appointed Person and Non-Licensed Work training are often best delivered face-to-face or in blended form due to the practical nature of the roles.

If my building has no asbestos, do I still need documentation?

Yes. You must keep a “No Asbestos Present” register or survey result to demonstrate compliance if challenged or inspected.

Who enforces Duty to Manage requirements?

The Health and Safety Executive (HSE) or local authorities, depending on the type of premises.

Does Duty to Manage apply to homeowners?

Not to private homes. However, common areas of residential buildings, such as stairwells, plant rooms and corridors, are covered.

Do I need to label asbestos in the building?

Labelling is not a legal requirement, but many organisations choose to label ACMs to help contractors quickly identify risk areas.

What are the consequences of not complying with Regulation 4?

Enforcement action, fines, possible prosecution, reputational damage and increased risk of asbestos exposure for staff and contractors.

What should I do if I discover or suspect previously unidentified asbestos?

Stop work in the area, update the register, and arrange for urgent sampling or assessment. The management plan should be updated accordingly.