Who actually holds the duty on a block
Under Regulation 4 of CAR 2012 the duty to manage attaches to the person who, by virtue of a tenancy or contract, has an obligation for the repair and maintenance of the common parts. In a long-leasehold block the freeholder or RMC holds that obligation and the managing agent discharges it operationally under the management agreement. If the agreement is silent, the agent is presumed to be discharging the freeholder's duty and is exposed to enforcement action alongside the client. Every management agreement should name the dutyholder explicitly.
The common-parts Management Survey
A Management Survey scoped to the common parts (entrance hall, staircase, landings, plant rooms, bin stores, refuse chutes, roof voids and any shared services within demised flats) is the baseline compliance instrument. Cost is typically £395–£895 + VAT for a small-to-medium block and £1,200–£2,400 + VAT for a larger converted building. The report is a Section 20 qualifying item where any resulting remediation exceeds £250 per leaseholder.
Section 20 mechanics for asbestos works
Where a register-driven remediation exceeds £250 per leaseholder, the full three-stage Section 20 consultation applies: Notice of Intention (30 days), Notice of Estimates (30 days), Notice of Reasons for Award. Emergency removal following disturbance can be dispensed with under a Tribunal application, but this is a last-resort route. Plan register-driven capital works into the annual service-charge cycle and consult upfront to avoid dispensation applications and leaseholder challenges.
Leaseholder communication when ACMs are found
A survey confirming asbestos in common parts is not a crisis, but it lands like one if the first communication a leaseholder receives is a Section 20 notice. Best practice is a proactive letter within 10 working days of the report: what was found, where, condition, priority score, planned action, expected cost per lessee, and the reinspection cycle. A short FAQ addressing typical concerns (health, disturbance, resale) reduces enquiries to the agent's help-desk by an order of magnitude.
Reactive contractor control
The largest single failure mode on managed blocks is the reactive out-of-hours contractor — an emergency plumber chasing a leak through a soffit, a locksmith drilling a fixing into an AIB door lining. The fix is procedural: no permit-to-work issued without a register check, every reactive contractor sent the register extract for the block before mobilisation, and a signed asbestos-awareness declaration held on file for every contractor on the panel. Elements Surveying Group provides the register extract in a permit-to-work format on request.
Printable checklist
Managing agent monthly governance checklist
- Current Management Survey on file for every block (max 12 months old, or with reinspection log)
- Register extract issued to every reactive contractor pre-mobilisation
- Permit-to-work system in place with register-check gate
- Register-driven remediation planned into annual service-charge cycle
- Section 20 consultation started 90+ days before any qualifying work
- Leaseholder communication issued within 10 working days of any new finding
- Annual reinspection scheduled per block
- Emergency response SLA contracted (≤ 4 hr) with an accredited consultant
Frequently asked questions
Is the managing agent or the freeholder the dutyholder?
Usually the freeholder or RMC in law, with the agent discharging the duty operationally under the management agreement. Where the agreement is silent, the agent is presumed to be discharging the duty and is exposed alongside the client. Name the dutyholder explicitly in the agreement.
Do we need a full Section 20 for asbestos remediation?
Yes, where the cost exceeds £250 per leaseholder. Plan register-driven works into the annual capital cycle to avoid emergency dispensation applications. Emergency removal following an incident can be dispensed with under a Tribunal application, but this is a last-resort route.
What should the first leaseholder letter say when an ACM is found?
What was found, where, current condition, priority score, planned management action, expected cost per lessee (if any) and the reinspection cycle. We supply a template letter and FAQ alongside every common-parts survey.
How often should a block be reinspected?
12-monthly baseline. Step down to 6-monthly for any register entry in poor condition, in a high-traffic area, or undergoing planned works in the next 12 months.