Regulation 4 of CAR 2012 explained (the duty to manage)
Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012) creates the duty to manage asbestos in non-domestic premises. It's the single most important regulation in UK asbestos compliance, and the one most duty-holders only half understand. This guide unpacks what it actually requires.
Who the duty-holder is
The duty falls on anyone who, by virtue of a tenancy or other contract, has an obligation to maintain or repair the non-domestic premises — or, in the absence of any such contract, anyone who has control of the premises.
In practice this means landlords, managing agents, employers occupying their own premises, and freeholders of let buildings. More than one party can hold the duty for the same premises; in that case the duty is shared in proportion to the maintenance obligation.
What 'reasonable steps' means in practice
Regulation 4 requires the duty-holder to take reasonable steps to find out whether asbestos is present, assess its condition, and manage the risk. HSE guidance unpacks this into specific operational requirements.
- Carry out a suitable and sufficient assessment — usually a management survey under HSG264
- Presume materials contain asbestos unless there is strong evidence otherwise
- Record the location and condition of ACMs in a written asbestos register
- Assess the risk of exposure from those ACMs
- Prepare a written plan setting out how the risk will be managed
- Implement the plan — including any remedial actions, labelling, training and re-inspection schedule
- Review and monitor the plan — a fresh assessment when conditions change, and re-inspection of ACMs on a defined cycle
- Provide the information to anyone liable to disturb the asbestos (contractors, maintenance teams)
The asbestos register — what it must contain
The register is the cornerstone of the duty. It is the document a duty-holder must produce on request — to enforcement, to contractors, to incoming buyers.
- Each known or presumed ACM, with material type and location
- Condition assessment for each ACM
- Risk score (material assessment under HSG264)
- Recommended action and priority
- Date of last inspection and date of next planned inspection
- History of any remedial work, removals or air tests
Re-inspections
Regulation 4 doesn't set a fixed re-inspection interval, but HSE guidance is clear: condition can change, and the register must reflect current reality. The widely accepted norm is at least every 12 months for most ACMs, more frequently for damaged or high-risk items, and immediately following any incident.
A re-inspection is not a fresh survey — it's a condition check against the existing register. The output is an updated register, with any changes in condition recorded.
Where surveys fit in
A management survey under HSG264 is how most duty-holders discharge the 'reasonable steps to find out' part of regulation 4. It produces the initial register the management plan is built on.
A refurbishment & demolition survey is a separate, intrusive survey required before any work that could disturb the fabric of the building. It does not replace the management survey — both have a role.
Takeaway
Regulation 4 is about ongoing management, not a one-off survey. The duty-holder needs a current register, a written plan, a re-inspection schedule and a defensible audit trail — and survey data structured well enough to feed all four.