The Duty to Manage

‘The duty to manage is directed at those who manage non-domestic premises: the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill-health that exposure to asbestos causes’.

In many cases, the duty holder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract.

The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006 (as amended).

It requires the person who has the duty (i.e. the “duty holder”) to:

•   Take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in

•   Presume materials contain asbestos unless there is strong evidence that they do not

•   Make, 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

•   Assess the risk of anyone being exposed to fibres from
the materials identified

•   Prepare a plan that sets out in detail how the risks from these materials will be managed

•   Take the necessary steps to put the plan into action

•   Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date

•   Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.


There is also a requirement on anyone to co-operate as far as is necessary to allow the duty holder to comply with the above requirements.