Asbestos remains the single greatest cause of work-related deaths in the UK. Although banned more than two decades ago, asbestos-containing materials (ACMs) are still present in many buildings constructed before the year 2000. Managing these risks is a legal requirement under the Control of Asbestos Regulations 2012 (CAR 2012), which clearly sets out the responsibilities of duty holders.

If you own, manage, or are responsible for non-domestic property, you may be legally classified as a duty holder. Failing to meet your obligations not only puts people at risk but can also result in significant penalties, reputational damage, and even criminal liability.

This blog explores everything duty holders need to know about asbestos compliance under CAR 2012, including their responsibilities, common mistakes to avoid, and how ACMS Compliance supports organisations in fulfilling their duties.

Who is a Duty Holder?

The term “duty holder” under CAR 2012 is broader than many realise. A duty holder is anyone with responsibility for the maintenance, repair, or management of non-domestic premises. This includes:

• Commercial landlords and property owners
• Facilities managers and estate managers
• Local authorities and councils
• NHS Trusts, universities, and schools
• Principal contractors and developers
• Managing agents or tenants with repair responsibilities

In simple terms, if you control the maintenance or safety of a building that could contain asbestos, you are considered a duty holder.

Legal Responsibilities Under CAR 2012

CAR 2012 sets out a clear framework for asbestos management. As a duty holder, you are legally required to:

1. Identify whether asbestos is present – Commission an asbestos survey where necessary.
2. Assess the risk – Evaluate the condition of any ACMs and the potential for disturbance.
3. Create and maintain an asbestos management plan – Document how risks will be managed.
4. Share information – Provide details of asbestos risks to anyone who may work on or disturb the materials.
5. Ensure monitoring and re-inspection – Review and update the management plan regularly.
6. Take action when required – Arrange safe removal, encapsulation, or remediation if ACMs are damaged or at risk of disturbance.

Failing to follow these steps is considered a breach of your legal duty.

The Importance of Asbestos Management Plans

One of the central requirements of CAR 2012 is the creation of an asbestos management plan (AMP). This document sets out:

• The location and condition of all known ACMs
• The risk level associated with each material
• The strategy for monitoring, managing, or removing asbestos
• Emergency procedures in case of accidental disturbance
• Responsibilities and contact details for those managing the plan

A management plan is not a one-off document. It must be reviewed regularly (typically every 12 months) and updated whenever conditions change, such as after refurbishment, repair, or removal works.

The Control of Asbestos Regulations 2012 place clear and unavoidable responsibilities on duty holders. If you own, manage, or maintain a building that could contain asbestos, you must take action to identify risks, manage them effectively, and keep your compliance up to date.

By working with ACMS Compliance, you can be confident that your legal duties are fulfilled, your properties are safe, and your organisation is protected against risk.