The Control of Asbestos Regulations 2012 and in particular Regulation 4 ‘ duty to manage asbestos in non-domestic premises’ requires dutyholders to identify the location and condition of asbestos in non-domestic premises and to manage the risk to prevent harm to anyone who works on the building or to building occupants.

Dutyholders are defined as the owner of the non-domestic premises or the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises.

The dutyholder has a responsibility to:

  • 1Take reasonable steps to find out if there are materials containing asbestos, and if so, record its condition and extent [review of records or carry out surveys].
  • 2Presume materials contain asbestos unless there is strong evidence that they do not.
  • 3Make, and keep up-to-date, a record of the location and condition of the asbestos- containing materials – or materials which are presumed to contain asbestos [asbestos register produced and updated following surveys].
  • 4Assess the risk of anyone being exposed to fibres from the materials identified.
  • 5Prepare a plan that sets out in detail how the risks from these materials will be managed [asbestos management plan].
  • 6Take the necessary steps to put the plan into action.
  • 7Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date.
  • 8Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them [how to access and view the asbestos register].