Control of Asbestos Regulations 2006

These regulations include the regulation, 'duty to manage asbestos in non-domestic premises - regulation 4'. 

This duty places a responsibility and duty on "every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises....". Such person is referred to as the "duty holder" within the legislation. This generally means building owner or tenant if leased on a full repairing lease

The duty is to "ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises". This means an asbestos survey is required by a suitably qualified surveyor.

If the survey identifies the existence or likelihood of asbestos in the premises then the duty holder shall ensure that

• a determination of the risk from that asbestos is made
• a written plan identifying those parts of the premises concerned is prepared; and
• the measures which are to be taken for managing the risk are specified in the written plan

The duty holder must also ensure that the plan includes procedures for:

• monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos
• ensuring any asbestos or any such substance is properly maintained or where necessary safely removed

The duty holder must also ensure that the the location and condition of any asbestos or any such substance is provided to every person liable to disturb it, and made available to the emergency services.

The duty holder shall ensure that the plan is reviewed and revised at regular intervals.