Quick answer
The freeholder — or, more commonly, their managing agent — is the dutyholder for communal parts under Regulation 4 of CAR 2012. They must commission and hold the survey. The cost is normally recovered from leaseholders through the annual service charge, apportioned per the lease.
Legal responsibility
Regulation 4 of the Control of Asbestos Regulations 2012 places the duty to manage on 'the person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises'. In a block of flats, this is the freeholder or the entity to whom the freeholder has delegated that obligation — normally the managing agent.
How the cost is recovered
Almost every long residential lease contains a clause allowing the landlord to recover the reasonable costs of complying with statute through the service charge. An HSG264 survey is a statutory compliance cost. Provided the amount is reasonable (see LTA 1985 section 19) and the correct consultation has been carried out for larger works under section 20, the cost is chargeable across leaseholders in the proportions set out in the lease.
Typical amounts
A one-off communal survey of a small block (2–8 flats) is normally £450–£850 plus VAT. Larger blocks with basements, plant rooms and multiple cores can range from £900 to £2,500 plus VAT. Reinspections (annual) are usually 50–70% of the original survey fee.
Frequently asked questions
Common questions
Can leaseholders challenge the cost?+
Yes — under section 19 LTA 1985 the amount must be reasonable. The First-Tier Tribunal (Property Chamber) can determine reasonableness.
Do I need section 20 consultation?+
Only where any single leaseholder's contribution exceeds £250. Most one-off surveys fall below this threshold.
What if the freeholder refuses?+
Leaseholders can request enforcement via the local authority or the HSE, and can bring a breach of covenant claim in the county court.
Can leaseholders commission it themselves?+
They can, but recovery of the cost from the freeholder or other leaseholders is complicated. Almost always better to press the freeholder to act.