Terms used in this guide

Dutyholder: The person or organisation responsible for building maintenance or repair.

Asbestos register: The live record of known or presumed asbestos in a building.

Quick summary12 min read

The duty to manage is not a one-off survey. It is a continuing system for finding asbestos, judging risk, planning controls and giving information to people who may disturb it.

  • Find and record asbestos or presume it is present.
  • Create an action plan based on condition and disturbance risk.
  • Review the plan and give information before work starts.
1

Stop. Do not touch, drill, break or clean the suspect material.

2

Keep back. Keep people and pets away. Do not sweep or use a household vacuum.

3

Get advice. Call a trained professional and explain what you found and what happened.

The duty to manage is not a one-off survey. It is a continuing system for finding asbestos, judging risk, planning controls and giving information to people who may disturb it.

Quick answer

The dutyholder must take reasonable steps to find asbestos and record its location and condition. They must check risk, make a management plan, act on it and review it. Information must reach anyone who may disturb the material.

01

Who may be the dutyholder

The duty usually sits with the person or company responsible for maintenance or repair. This may be an owner, landlord, employer, managing agent or tenant under a contract.

Several parties may share duties. Read leases and maintenance agreements. Co-operate instead of leaving gaps between organisations.

  • Building owners
  • Landlords
  • Managing organisations
  • Tenants responsible for maintenance
Who may be the dutyholder in a Scottish property context
A proper test is more reliable than a guess based on looks.
02

Find out what may be present

HSE says buildings built or refurbished before 2000 should be presumed to contain asbestos unless there is strong evidence otherwise. Gather records and arrange a suitable survey.

The survey must cover accessible areas during normal use. Detailed refurbishment or demolition needs a different survey before structural work begins.

Find out what may be present in a Scottish property context
The safety steps depend on the material, its condition, the building and the planned work.
03

Check the risk and write the plan

Condition alone is not enough. Consider who can reach the material, how often, and whether maintenance may disturb it. Prioritise damaged high-risk materials and busy work areas.

The plan should name actions, owners and dates. Options may include protection, labels, encapsulation, repair or removal.

04

Put the information in front of workers

Contractors need relevant asbestos information before quoting and starting work. Reception staff, caretakers and permit systems should know how to give it.

Mark plans clearly and make the register easy to search. An emergency service may also need location and condition information during a fire or flood.

05

Review the plan at least every year

HSE says the management plan should be reviewed every 12 months or sooner if needed. Reinspect materials at suitable intervals and after events that may change their condition.

Update the register after removal, repair or building changes. Test the process by checking whether a new contractor can find the right information quickly.

Check the official guidance

We use official sources for safety, legal and health facts. Advice for your project still depends on the material and task.

Frequently asked questions

Questions people ask next.

Does a survey complete the duty?+

No. The duty also requires risk check, a plan, action, communication and review.

Does it apply to owner-occupied homes?+

The formal duty does not apply to private home areas in the same way. It does apply to common parts and business buildings building.

How often should the plan be reviewed?+

At least every 12 months, and sooner after changes, damage or work.

Must all asbestos be removed?+

No. Sound material may be safely managed when the plan prevents disturbance and keeps it under review.

Useful next guides
Identify & SurveyWhat Does Asbestos Look Like? A Scottish Homeowner’s Guide
Identify & SurveyWhere Is Asbestos Found in a House?
Identify & SurveyDoes Artex Contain Asbestos? Testing Before Ceiling Work