What are the legal responsibilities if Asbestos is present?

This guide covers the Duty to manage asbestos for non-domestic premises. Legal responsibilities, asbestos registers, surveys, management plans and compliance guidance.

The duty to manage asbestos in non-domestic premises is one of the most important and widely searched asbestos compliance obligations in the UK. It applies to anyone responsible for the maintenance, repair, or control of a workplace or commercial building, and is intended to prevent people from being exposed to asbestos fibres during normal occupation or work activities.

In simple terms, the duty requires you to know whether asbestos is present, understand the risk it poses, and actively manage that risk so it does not cause harm. This knowledge page explains who the duty applies to, what is legally required, and how asbestos management should work in practice.

Quick answer: What is the duty to manage asbestos?

The duty to manage asbestos requires the responsible person to identify asbestos-containing materials in non-domestic premises, assess their condition, record them in an asbestos register, and implement a management plan to control exposure risk.

This duty is set out under Regulation 4 of the Control of Asbestos Regulations and applies to most workplaces and commercial buildings in the UK.

Who has the duty to manage asbestos?

The duty to manage asbestos applies to the person or organisation responsible for the maintenance or repair of non-domestic premises. This is often referred to as the duty holder.

In practice, this may include:

• Building owners
• Landlords
• Managing agents
• Employers occupying a building
• Facilities management organisations

In leased buildings, responsibility is determined by the lease terms. The party with control over maintenance and repair typically bears responsibility for managing asbestos, although responsibilities can be shared.

This is why clarity around roles is critical. Assuming someone else is managing asbestos, without written confirmation, is a common cause of non-compliance.

What counts as non-domestic premises?

Non-domestic premises include almost all buildings other than private homes. This includes:

• Offices and commercial buildings
• Industrial and manufacturing sites
• Warehouses and logistics facilities
• Retail premises
• Schools, colleges and universities
• Hospitals and healthcare facilities
• Public buildings and shared areas of residential properties

Common parts of domestic buildings, such as stairwells, corridors and plant rooms in blocks of flats, are also classed as non-domestic for the purposes of asbestos management.

What does the duty to manage asbestos legally require?

The legal duty is not simply about having paperwork in place. It requires an active and ongoing approach to risk management.

The core legal requirements are to:

• Take reasonable steps to find out if asbestos is present
• Presume materials contain asbestos unless there is evidence otherwise
• Assess the condition and risk of any asbestos-containing materials
• Keep an up-to-date asbestos register
• Prepare and implement an asbestos management plan
• Review and update the plan regularly
• Provide information to anyone who may disturb asbestos

Failure to meet these requirements can result in enforcement action, fines and serious health risks.

Asbestos surveys and identifying asbestos

An asbestos survey is the starting point for meeting the duty to manage asbestos. Without accurate information, it is impossible to assess or control risk properly.

For ongoing management, a management asbestos survey is typically required. This survey aims to identify asbestos-containing materials that may be disturbed during normal occupancy, maintenance, or foreseeable activities.

Key points about asbestos surveys:

• Surveys should be carried out by competent, UKAS-accredited asbestos surveyors
• Sampling and analysis must follow recognised standards
• Survey reports should clearly identify locations, types and condition of materials
• Survey findings must feed directly into the asbestos register

Refurbishment or demolition surveys are required when intrusive works are planned, but they do not replace the need for a management survey in occupied buildings.

What is an asbestos register?

An asbestos register is a live record of all known or presumed asbestos-containing materials within a building.

A compliant asbestos register typically includes:

• Location of asbestos-containing materials
• Type of material and asbestos content
• Condition and surface treatment
• Risk assessment score
• Recommended control measures

The asbestos register must be kept up to date and made available to anyone who could disturb asbestos, such as maintenance staff, contractors and surveyors.

Having a register that exists but is not shared or reviewed does not meet the duty to manage asbestos.

The asbestos management plan explained

An asbestos management plan sets out how asbestos risks will be controlled over time. It turns survey data into practical actions.

A robust asbestos management plan should cover:

• How asbestos-containing materials will be monitored
• Inspection and review frequencies
• Procedures for reporting damage or deterioration
• Training and awareness arrangements
• Contractor control procedures
• Emergency arrangements if asbestos is disturbed

The plan should be proportionate to the level of risk and tailored to the building’s actual use.

How often should asbestos be reviewed?

There is no fixed legal interval for reviewing asbestos registers or management plans. Reviews should be based on risk and changes to the building or its use.

As a general guide, asbestos-containing materials should be visually inspected at least annually, or more frequently if they are in vulnerable locations or subject to wear and tear.

Reviews should also take place when:

Building use changes

• Maintenance regimes change
• Refurbishment works are planned
• Materials deteriorate or are damaged

Regular review demonstrates active management rather than passive compliance.

Duty to manage asbestos during maintenance and works

One of the most common causes of asbestos exposure is maintenance or minor works carried out without proper checks.

To meet the duty to manage asbestos during works, duty holders must ensure that:

• Contractors are given access to the asbestos register
• Work scopes are reviewed against known asbestos locations
• Appropriate surveys are commissioned where required
• Safe systems of work are followed

This applies to routine tasks such as drilling, cable runs, plant maintenance and inspections, not just major projects.

What happens if asbestos is found during works?

If asbestos is discovered unexpectedly during works, all work in the affected area must stop immediately.

The area should be secured, and a competent asbestos professional should be consulted to assess the material and determine next steps. Depending on the situation, this may involve sampling, revised surveys or controlled removal.

This scenario highlights why up-to-date surveys and registers are so important. Reactive discovery increases risk, cost and disruption.

Do you always have to remove asbestos?

No. The duty to manage asbestos does not require removal in all cases.

Asbestos-containing materials can often remain in place safely if they are:

• In good condition
• Properly sealed or protected
• Unlikely to be disturbed

In many cases, managing asbestos in situ is safer than removal, which can introduce additional risk if not strictly necessary.

Removal is appropriate when materials deteriorate, are likely to be disturbed, or when refurbishment or demolition work is planned.

Licensed and non-licensed asbestos work

Some asbestos work can only be carried out by contractors holding an HSE asbestos licence. This typically includes higher-risk materials such as insulation, lagging and sprayed coatings.

Lower-risk materials may fall under non-licensed or notifiable non-licensed work, but still require trained operatives, safe methods and appropriate controls.

The duty holder remains responsible for ensuring that the correct category of work is identified and that competent contractors are used.

Common duty to manage asbestos mistakes

Organisations often fall into non-compliance through avoidable mistakes, including:

• Assuming asbestos is not present without evidence
• Relying on outdated surveys
• Treating the asbestos register as a one-off document
• Failing to share information with contractors
• Not reviewing management plans after changes

Addressing these issues early significantly reduces risk and enforcement exposure.

How asbestos management support can help

For many organisations, especially those managing multiple buildings, meeting the duty to manage asbestos can be complex.

Professional asbestos management support helps by:

• Reviewing existing surveys and registers
• Identifying compliance gaps
• Coordinating new surveys where needed
• Maintaining asbestos registers and management plans
• Supporting refurbishment and maintenance planning

At EIT Ltd, we support duty holders by managing and coordinating asbestos compliance activities. Higher-risk and licensable asbestos work is always carried out by HSE-licensed asbestos contractors, with our role focused on planning, coordination and control.

Key takeaway

The duty to manage asbestos in non-domestic premises is about preventing exposure through knowledge, planning and active control. It is not optional and not a paperwork exercise. When done properly, it protects people, buildings, and organisations from serious harm and legal risk.

Speak to Engineering Installation Teesside LTD and get clear advice, compliant workmanship, and a team that understands live commercial sites.