The Control of Asbestos Regulations 2012 (CAR 2012) impose a 'duty to manage' asbestos on the person controlling non-domestic premises or the common parts of a domestic building. For UK landlords, this means any pre-2000 property — particularly HMOs, blocks of flats, and converted properties — almost certainly requires an asbestos management survey and a written management plan.
Any property built or significantly refurbished before 2000 may contain asbestos-containing materials (ACMs). The duty to manage applies to the responsible person — landlords, freeholders, and managing agents. Non-compliance is a criminal offence with unlimited fines and up to two years' imprisonment.
When the duty to manage applies
- Common parts of blocks of flats (stairwells, corridors, plant rooms, roof voids) — freeholder or managing agent is the duty holder
- HMOs: the landlord or licence holder of any HMO has the full duty to manage asbestos throughout the property
- Converted properties with any shared areas trigger the duty for the party controlling those areas
- Individual houses let to a single household: strictly not caught by the duty, but a management survey is strongly recommended by the HSE and required by many lenders and insurers
Types of asbestos survey
- Management survey: Standard survey for occupied properties — identifies ACMs, assesses condition and risk. Required for ongoing management of a let property
- Refurbishment survey: Required before any building works that could disturb fabric — more intrusive than a management survey. Must be done before works start, not during
- Demolition survey: Required before demolition of a building or part — the most thorough and destructive type
The asbestos management plan
The management plan must record: ACM locations, types, and condition; risk rating for each ACM; action taken or planned (management in situ, encapsulation, or removal); the named responsible person; monitoring frequency; and how contractors will be informed. The plan must be kept up to date and reviewed after any works or change in ACM condition.
Penalties
- Unlimited fine on Crown Court conviction
- Up to two years' imprisonment for the duty holder
- Prohibition and improvement notices from the HSE
- Civil liability for asbestos-related disease (mesothelioma, asbestosis, lung cancer)
- Possible policy invalidation under landlord buildings insurance if no survey is held