Frequently Asked Questions

Q. What would happen if I don't have the Register or Management Plan ?

A. The Duty Holder would then be breaking the law and be liable to prosecution. The maximum penalty is a £5,000 fine, imprisonment, or both. The absence of the Register and management plan can also have a detrimental effect on your building insurance in the event of a claim, could invalidate your Health & Safety policy and in some cases, have an adverse effect on the response of the emergency services to your premises.

Q. Why do I need an asbestos survey ?

A. Regulation 4 of The Control of Asbestos at Work Regulations 2002 came in to force on the 21st May 2004. There was a period of grace up to the 21st November 2004 when it became a legal requirement to identify all asbestos and produce a register and management plan for that asbestos.

Q. I own a flat in a large Edwardian block & have been asked to sit on the management board of the residents company, which owns the freehold. I have never been a company director before and was concerned at the first board meeting to hear that there is asbestos in the building and that there are new regulations that mean the management company, and myself as a director, may have liabilities. What effect do the regulations have ?

A. Taking on a directorship involves the assumption of many duties, not least of which in the case of your company, may be the need to manage the asbestos that is present in your building. The new regulations apply principally to non-residential property, but do apply to residential blocks if there is asbestos in the common parts. The regulations place an obligation on those managing the building to identify where the asbestos is present and to create a plan to manage and monitor the asbestos if there is no immediate risk.

Q. Who is responsible ?

A. Anyone who manages, controls or is responsible for the building. This person is known as the Duty Holder and is required by Law to maintain an asbestos Register, and to have produced a management plan for the asbestos.

Q. Which properties or premises require a register & management plan ?

A. Basically all premises apart from private residences. Common parts of blocks of flats, even if it is just a small lobby, are required to have the Register & Management Plan.

Q. My building was built after 1999, do I still need a management plan & Register ?

A. Optional. Even though all asbestos was banned from 1999, there were still some asbestos containing products in the supply chain.

Q. How do I know if I am a Duty Holder ?

A. Use our quick & useful 'question & answer' button on our home page.