Duty to Manage Asbestos | What Landlords Must Know – HSG Surveys


What Does the “Duty to Manage” Asbestos Actually Mean for Landlords?

If you own a property built or refurbished before 2000, the duty to manage asbestos almost certainly applies to you, whether that property is a single rental flat, a portfolio of terraces, or a commercial unit. It’s one of the most misunderstood parts of asbestos law, so this guide breaks down what it actually requires, in plain English, without the legal jargon.

Who Does the Duty to Manage Apply To?

The duty to manage asbestos comes from the Control of Asbestos Regulations 2012, and it applies to anyone responsible for the maintenance and repair of a non-domestic building, or the shared/communal parts of a residential one. In practice, this means:

  • Landlords of HMOs, blocks of flats, and shared residential buildings
  • Commercial landlords and property managers
  • Freeholders responsible for common areas (stairwells, corridors, plant rooms)
  • Facilities managers and duty holders on behalf of a business

If you’re a landlord letting a single self-contained residential property with no communal areas, the duty to manage doesn’t apply in the same way, but you still have a general duty of care to your tenants under other health and safety legislation, and it’s good practice to know what’s in the building regardless.

What the Duty Actually Requires

In practical terms, managing asbestos means four things:

  1. Find out if asbestos is present (or presumed present) in the building, and where
  2. Assess its condition and the risk it poses if disturbed
  3. Record this in an asbestos register, kept up to date
  4. Manage the risk, either by monitoring materials in good condition or arranging removal where necessary, and share the information with anyone who might disturb them (contractors, tradespeople, tenants where relevant)

The starting point for most landlords is a management survey, which identifies and records the condition of asbestos-containing materials so you have a clear picture of what’s in the property and what needs monitoring.

What Happens If You Don’t Comply?

Failing to meet the duty to manage isn’t just a paperwork issue. The Health and Safety Executive can and does take enforcement action against landlords who ignore it, ranging from improvement notices through to prosecution in serious cases. Beyond the legal risk, undiscovered or poorly managed asbestos puts tenants, contractors, and anyone else using the building at genuine risk of exposure.

A Simple Way to Think About It

You don’t need to remove every trace of asbestos from a building to comply with the duty to manage. In fact, undisturbed asbestos in good condition is often safer left in place and monitored than removed unnecessarily. The duty is about knowing what’s there and managing the risk sensibly, not stripping every building back to bare brick.

Getting Started

If you don’t currently have an asbestos register for a property you’re responsible for, a management survey is the right first step. It gives you the documented picture the regulations require, and it’s the foundation everything else builds on, whether that’s day-to-day management or planning future works.

Frequently Asked Questions

Does the duty to manage asbestos apply to a single let residential property?

Not in the same formal sense as it applies to communal or commercial buildings, but landlords still have a general responsibility to keep tenants safe, and knowing whether asbestos is present is sound practice regardless of the property type.

How often does an asbestos register need to be reviewed?

There’s no fixed legal interval, but reviews are typically carried out annually, or sooner if the building undergoes refurbishment, changes use, or if a material’s condition is known to have changed.

Who is legally responsible for the duty to manage asbestos?

The “duty holder” is whoever has clear responsibility for the maintenance and repair of the premises, whether that’s the freeholder, a managing agent, or a tenant under a repairing lease, depending on how responsibility is set out.

Not sure where you stand with an existing property? Get in touch and we’ll talk you through what a management survey would involve for your building.