The Duty to Manage Asbestos

The Control of Asbestos Regulations 2012 places a legal 'duty to manage' asbestos on the person responsible for the maintenance and repairs of a building. For a church, this 'dutyholder' is the body of trustees (usually the Elders). This applies to all non-domestic buildings, including churches and halls, built before the year 2000.

The core principle is that asbestos is only dangerous when disturbed. If it is safely managed and contained, it does not present a health hazard. The duty is about managing the risk, not necessarily removing all asbestos.

Your Legal Duties

As the dutyholder, you must:

Take reasonable steps to find asbestos-containing materials (ACMs) in your buildings. You must presume materials contain asbestos unless there is strong evidence they do not.
Make and keep an up-to-date record (an asbestos register) of the location and condition of all ACMs.
Assess the risk of anyone being exposed to fibres from these materials.
Prepare a detailed plan on how these risks will be managed.
Put the plan into action, monitor it, and review it annually.
Provide information on the location and condition of ACMs to anyone who is liable to work on or disturb them (e.g., contractors).

Asbestos Surveys

It is strongly recommended that you employ a competent and insured surveyor to carry out a survey of your buildings. There are two types:

Management Survey: The standard survey required to locate the presence and extent of any ACMs and assess their condition as part of your management plan.
Refurbishment or Demolition Survey: A more intrusive and destructive survey that is legally required *before* any refurbishment or demolition work can be carried out.

You can download the 'Asbestos Regulations' guidance note from our Property Resources & Forms page.