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The duty to manage asbestos is the legal duty, under regulation 4 of the Control of Asbestos Regulations 2012, to find, record and control asbestos in non-domestic premises. It matters for insurance because many liability policies exclude or limit asbestos, while asbestos disease claims can surface decades after exposure, so owners, landlords and tenants need to know who holds the duty and which policy would answer.
Part of: Commercial property owners’ insurance
In short
Regulation 4 puts the duty on whoever has a contract or tenancy obligation to maintain or repair non-domestic premises, or, where there is none, whoever controls them. The dutyholder must assess whether asbestos is or may be present, record the conclusions, and where it is, prepare and carry out a written plan to monitor it, maintain or remove it, and tell anyone liable to disturb it. HSE says the duty also covers common parts of blocks of flats, and that the legal duty cannot be passed to a managing agent. Asbestos exclusions in public liability and PI are common.
Last reviewed 7 October 2026 by the Apex commercial team.
The Control of Asbestos Regulations 2012 came into force on 6 April 2012. Regulation 4 is headed “Duty to manage asbestos in non-domestic premises”.
HSE’s guidance on the duty to manage turns regulation 4 into practical steps.
| Step | What HSE says |
|---|---|
| Is asbestos likely? | If the building was built or refurbished before 2000, assume it contains asbestos. Presume materials contain asbestos unless there is strong evidence they do not. |
| Survey | In most cases arrange a management survey by a competent surveyor. HSE strongly recommends accredited surveying organisations and points to its survey guide, HSG264. |
| Register | A live record of known and presumed asbestos-containing materials, their type, amount and condition, updated at least once a year. |
| Risk assessment | A material assessment (how readily fibres would be released) and a priority assessment (how likely disturbance is). |
| Management plan | Who is responsible, the register and site plan, monitoring, how information reaches contractors, controls and emergency procedures. Review it every 12 months or sooner. |
| Information | Tell workers and contractors before they work on the building fabric, ideally when asking for a quote. |
Refurbishment and demolition. Before work that disturbs the building fabric, HSE says a more intrusive refurbishment or demolition survey is needed, and the area must be vacated during it. Regulation 7(3) requires the plan of work for final demolition or major refurbishment to specify, so far as reasonably practicable, that asbestos is removed before other major works begin.
The lease usually decides it. HSE’s examples show how.
This example is illustrative, not a real claim. A landlord lets a 1970s unit on a full repairing lease and assumes the tenant manages asbestos. The tenant’s shopfitter cuts into a ceiling with asbestos insulating board. HSE and any claimant will look at the lease, the register and who told the contractor what.
Asbestos is one of the areas where wordings differ most, so this is general and subject to each policy’s terms.
| Exposure | Cover usually engaged | Where the gaps usually are |
|---|---|---|
| An employee develops an asbestos disease | Employers’ liability, compulsory for most employers in Great Britain (Employers’ Liability (Compulsory Insurance) Act 1969, s.1) | Claims may relate to exposure many years ago, so historic policy records matter |
| A visitor, tenant’s worker or neighbour exposed | Public or property owners’ liability | Asbestos exclusions are common, sometimes with limited write-backs for sudden, accidental exposure |
| A survey misses asbestos | The surveyor’s professional indemnity | Some PI wordings exclude or cap asbestos claims, which matters to the surveyor and to you as client |
| Cost of removal or clean-up | Rarely insured as such | Property policies commonly exclude it unless it follows insured damage |
Why disease claims are long-tail. HSE says asbestos diseases often take a long time to develop. In England and Wales a personal injury claim usually has three years from the injury or from the claimant’s date of knowledge (Limitation Act 1980, ss.11 and 14). For mesothelioma, a negligent defendant is liable for the whole of the damage, jointly and severally with others, though it can seek contribution from them (Compensation Act 2006, s.3).
If this affects your business, these are the points a broker will ask about:
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Send us your current schedule, or tell us about the property if you are arranging cover for the first time. Or leave your number and a named broker will call you back, usually the same working day.
Apex Insurance Brokers is an independent insurance broker based in Bristol, established in 2009 and authorised and regulated by the Financial Conduct Authority. We are not tied to one insurer: we work with over 30 markets, including Lloyd’s syndicates through wholesale brokers, and every client has a named broker who handles the placement, mid-term changes, certificates for clients and the renewal.
The dutyholder under regulation 4 of the Control of Asbestos Regulations 2012: anyone with a contract or tenancy obligation to maintain or repair the premises, or, where there is none, whoever controls them. Often that is the owner or landlord, but under a full repairing lease it may be the tenant, or the duty may be shared.
HSE says it applies to the common parts of multi-occupancy domestic premises, such as foyers, corridors, lifts and lift shafts, staircases, roof spaces and outbuildings. It does not cover the inside of individual flats. The person responsible for the common parts, such as the landlord or management company, holds the duty.
A management survey finds asbestos that could be disturbed during normal use and maintenance, so you can build a register and plan. A refurbishment or demolition survey is intrusive, finds asbestos hidden in the fabric before structural work, and requires the area to be vacated. HSE says both usually involve sampling.
Often only partly, if at all. Asbestos exclusions are common in public and property owners’ liability wordings, sometimes with limited cover written back for sudden and accidental exposure. Employers’ liability usually responds to employee disease claims. Read the asbestos clause in each policy and ask your broker how it would apply to your buildings.
Regulation 4 requires regular review, and immediately if the plan may no longer be valid or the premises change significantly. HSE recommends reviewing it every 12 months, and also after work that affects asbestos, after accidental disturbance, after condition checks and when the people responsible change.
Apex arranges property owners’ liability, employers’ liability and buildings cover for landlords and owners of older commercial and mixed-use property. Tell us about your buildings and we’ll check how asbestos is treated. Or call 0117 325 0027.
Start your quote Call 0117 325 0027Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances. Cover is always subject to the insurer’s acceptance and the policy terms, and this page does not guarantee that cover will be available or on what terms.
