CareHomeDeskCareHomeDeskRegulation 4 of the Control of Asbestos Regulations 2012 places a legal duty on those who control non-domestic premises. For care homes, that means the provider.
Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012) places a legal duty on the person or organisation that has a significant degree of control over the maintenance or repair of non-domestic premises. For a care home, this is the registered provider. The duty requires the duty holder to: take reasonable steps to find out if asbestos-containing materials (ACMs) are present, presume materials contain asbestos unless there is strong evidence they do not, assess the condition and risk of any ACMs found, prepare and implement a written management plan, and provide information about ACMs to anyone who is liable to disturb them. Failure to comply with the duty to manage is a criminal offence.
Where a care home is owner-occupied, the duty to manage rests clearly with the provider. Where the building is held on a lease, both the landlord and the tenant may hold elements of the duty, depending on who has control over which parts of the building. In a care home lease, the tenant typically controls the internal fabric and may hold the duty to manage for the demised space, while the landlord retains the duty for structural elements and common parts. Get written legal clarity on the split of responsibility before your first survey -- ambiguity about who holds the duty does not provide a defence in enforcement action. In practice, many care home providers commission a management survey for their demised space regardless of the lease position, to ensure they have the information they need.
Three circumstances require immediate professional input rather than planned management: ACMs in poor or damaged condition (where fibres may already be releasing into the air), planned refurbishment or demolition work that will disturb materials of unknown composition, and any accidental damage to materials suspected of containing asbestos. In each case, the area should be sealed off, access restricted, and advice sought from a licensed asbestos contractor or accredited asbestos surveyor before any further work takes place. Do not attempt to assess the condition of damaged materials yourself, and do not instruct a general maintenance contractor to remove or repair material that may contain asbestos.
The management plan is the written output of the duty to manage. It should identify every ACM on the premises, record its location, type, condition and risk rating, specify what action is required (manage in place, encapsulate, or remove), name who is responsible for each action, set timescales for completion, describe how the information will be kept current, and explain how contractors will be informed. The plan must be reviewed whenever there is a change to the building or its ACMs. An out-of-date management plan is as problematic as having no plan -- if it does not reflect the current state of the building, it cannot protect workers or residents.
Every contractor who may work in areas where ACMs are present must be given the relevant information from the asbestos register before they begin work. This is a legal requirement under Regulation 4(10) of CAR 2012 -- it is not optional or discretionary. The contractor must confirm in writing that they have received and understood the information, and must confirm their method of working will not disturb identified ACMs. Keep a signed briefing record for every contractor visit. Where a contractor is about to work in an area not previously surveyed -- for example, breaking into a void or disturbing a floor finish -- they must be instructed to stop if they encounter any material that may contain asbestos.
CareHomeDesk gives you compliance checklists, maintenance logs, and contractor management tools built around exactly this kind of knowledge.