Who Does the Control of Asbestos Regulations Apply To?

Last Updated on June 11, 2024 by max

Asbestos, a naturally occurring group of minerals known for its fire-resistant properties, was once widely used in construction materials across the UK. However, due to the severe health risks associated with asbestos exposure, its use was banned in 1999. Yet, the legacy of asbestos remains, posing a potential threat in many buildings constructed before the ban.

The Control of Asbestos Regulations 2012 (CAR 2012) form the cornerstone of legislation governing asbestos management in the UK. These regulations outline the responsibilities of various parties involved in ensuring the safety of building occupants from asbestos exposure. Understanding who these regulations apply to is crucial for both property owners and those working within these buildings.

Duty Holders: The Primary Line of Defence

CAR 2012 places the primary responsibility for asbestos control on individuals designated as “duty holders.” These individuals have a legal obligation to manage asbestos in any non-domestic premises built before 2000. “Non-domestic” encompasses a broad range of structures, including:

The definition of a duty holder can vary depending on the specific circumstances. Here are some common examples:

Identifying Asbestos: A Crucial First Step

A fundamental duty of the duty holder is to determine whether asbestos is present in the building. This can be achieved through an asbestos survey. There are two main types of surveys:

The Responsibility Chain: Duty Holders and Others

While duty holders carry the primary legal burden, CAR 2012 also outlines responsibilities for others involved with the building:

Enforcement and Consequences

The Health and Safety Executive (HSE) is the primary enforcing authority for CAR 2012. Failure to comply with the regulations can lead to prosecution, with significant fines and potential imprisonment for individuals with the most serious breaches.

Beyond Legal Compliance: A Commitment to Safety

While legal compliance with CAR 2012 is essential, a proactive approach to asbestos management is paramount. A well-managed asbestos plan minimises the risk of exposure and protects the health of building occupants. This includes:


Asbestos remains a potential health hazard in many buildings across the UK. Understanding who the Control of Asbestos Regulations apply to is crucial for ensuring the safety of all those who occupy or work within these premises. By fulfilling their legal obligations and fostering a culture of awareness, duty holders can effectively manage asbestos, preventing exposure and safeguarding health.

Published May 21, 2024

Get in touch
  1. <p> <label> <input type="checkbox" name="mc4wp-subscribe" value="1" /> Subscribe to our newsletter. </label> </p>