Duty to Manage Asbestos (CAR 2012)
Legal duty to manage asbestos in non-domestic premises under Regulation 4.
UK law requires anyone responsible for maintaining a non-domestic building to manage any asbestos-containing materials (ACMs) present. This duty applies to owners, landlords, managing agents, and anyone with contractual responsibility for maintenance. Must create an asbestos register and management plan, assess risks, and review at least annually.
- Applies to
- Non-domestic premises and common areas of domestic buildings (factories, shops, offices, communal flat areas)
- Responsible party
- Owner, landlord, or person responsible for maintenance and repairs
- Legal requirement
- Control of Asbestos Regulations 2012 (CAR 2012), Regulation 4
- Geographic scope
- UK-wide (England, Scotland, Wales, Northern Ireland)
- Register requirement
- Must create and maintain up-to-date asbestos register showing location and condition of all ACMs
- Management plan requirement
- Must write asbestos management plan detailing how risks will be managed and who is responsible for each action
- Review frequency
- Annual minimum (every 12 months) or sooner if circumstances change
- Condition assessment
- Must continuously monitor condition of all ACMs and presumed ACMs in premises
- Information sharing
- Must provide ACM information to anyone who may work on or disturb them, including contractors and emergency services
- Penalty for breach
- Unlimited fine and/or up to 2 years imprisonment (Crown Court) or up to 12 months imprisonment (for offences after 2 May 2022) plus max £20,000 fine (Magistrates Court)
- Enforcement bodies
- Health and Safety Executive (HSE) for factories, hospitals, farms, construction sites; Local Authority Environmental Health for shops, offices, hotels, retail storage