Why this matters.
Regulation 4 of the Control of Asbestos Regulations 2012 places a legal “duty to manage” asbestos on anyone with responsibility for maintenance or repair of non-domestic premises — this includes business owners, landlords, and facilities managers, not just those who own the building outright. Any premises built or refurbished before the year 2000 is presumed to potentially contain asbestos-containing materials unless proven otherwise, covering a huge proportion of UK commercial buildings, shops, offices, and workshops. The duty requires identifying the location and condition of asbestos-containing materials (or presuming their presence), keeping an up-to-date asbestos register, producing a written management plan, and ensuring anyone who might disturb the fabric of the building — contractors, maintenance staff, cleaners — is told what they need to know before starting work.
The Health and Safety Executive actively enforces this duty, and failures are treated seriously because asbestos exposure causes around 5,000 deaths a year in the UK, more than any other single work-related cause of death, with effects often not appearing for decades. Many small businesses that lease or occupy older premises wrongly assume asbestos management is solely the landlord’s problem, when in practice the duty falls on whoever has control over maintenance and repair — which can mean shared or overlapping responsibility between landlord and tenant. Getting this wrong exposes a business to enforcement action, but more importantly puts staff, contractors, and visitors at risk from a hazard that is entirely manageable with a proper register and plan in place.