Key takeaways
- The “duty to manage” applies to non-domestic premises and the common parts of multi-occupied residential buildings (for example, blocks of flats).
- The “dutyholder” is typically the person or organisation responsible for maintenance or repair, set out in Regulation 4 of CAR 2012.
- “Compliance” is not a one-off survey. It includes an up-to-date register, a management plan, condition monitoring, and sharing asbestos information before work starts.
- Refurbishment or demolition work needs the right level of survey before structural work begins.
- Social and private landlords also need to consider wider duties.
What asbestos compliance means in practice
In day-to-day terms, asbestos compliance is a risk management cycle:
- Work out whether asbestos could be present. If a building was built or refurbished before 2000, you should assume asbestos may be present unless you have strong evidence that it is not.
- Understand what’s there and what condition it’s in through suitable inspection and survey arrangements.
- Keep a live asbestos record and assess the risk, so people can plan work safely.
- Write, use, and review an asbestos management plan, including what you do when ACM condition changes or work affects building fabric.
- Share asbestos information before works start, especially where trades might drill, cut, replace, or install.
This is why asbestos compliance often fails quietly. The paperwork exists, but the information doesn’t reach the people doing the work at the point they need it.
Where asbestos is likely to be found
The HSE’s guidance on whether asbestos could be present is a useful rule of thumb. If the property was built or refurbished pre-2000, you need to treat asbestos as a realistic possibility.
For homes and residential blocks, asbestos may be present in any building built before 2000 and advises against DIY removal without advice. See UKHSA’s asbestos general information for more information.
Who is responsible for asbestos compliance in the UK?
Responsibility is about control: who owns the building, who manages it, and who is responsible for maintenance and repair.
1) The dutyholder (the person who must manage asbestos)
Under Regulation 4 of the Control of Asbestos Regulations 2012, the “dutyholder” is generally anyone with an obligation for maintenance or repair under a contract or tenancy, or anyone who has control where no such arrangement exists.
This can include the building owner, landlord, or a person or organisation with clear responsibility for maintenance or repair.
In managed estates, that may be a landlord, a managing agent, or another party named in the lease. Where more than one party has duties, the law expects responsibility to reflect the nature and extent of each party’s control.
2) What counts as “in scope” for housing providers and landlords?
The duty to manage applies to:
- Domestic premises
- Non-domestic premises (offices, depots, plant rooms, community spaces and similar), and
- Common parts of multi-occupied residential buildings (for example, shared corridors, stairwells, risers, lift shafts, roof spaces).
If you want a quick, plain-English reference for what “common parts” means, check out theDuty to Manage, A Brief Guide leaflet.
3) Contractors and anyone whose work could disturb asbestos
Asbestos compliance is not just the dutyholder’s internal process. It also depends on how contractors are managed. You must provide asbestos information to people who could disturb it.
For the practical “how”, the HSE’s Managing and working with asbestos (L143) sets out the Regulations, Approved Code of Practice, and guidance for work that may disturb asbestos.
4) Refurbishment and demolition: higher risk, tighter expectations
When works are intrusive, reliance on old information is where exposure risks spike.
A refurbishment or demolition survey must locate and identify ACMs (including hidden materials) before any structural work begins, and that it is intrusive, so the area must be vacated during the survey.
If the project involves more than one contractor, CDM 2015 brings in a principal designer role, with duties focused on the pre-construction phase. This role is explained in more detail in Principal designers: roles and responsibilities, and their legal duties are set out in CDM 2015 Regulation 11.
What “good” asbestos compliance looks like
If you manage buildings, the best marker of compliance is simple: asbestos information is easy to find, current, and used before work starts.
A practical process is relatively simple and includes:
- A live asbestos register and a clear risk picture.
- A management plan that gets reviewed when things change, not just annually out of habit.
- A consistent way of briefing contractors and maintenance teams before they arrive on site.
- The right survey type before intrusive works.
If you’re interested in understanding how technology could factor into the management of asbestos in social housing, you should check out our asbestos compliance page.
