The landlord's statutory duty: overview across jurisdictions
In the UK, the duty to manage asbestos under Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012) applies to non-domestic premises and to common parts of domestic premises — stairwells, corridors, plant rooms, and shared facilities in houses of multiple occupation (HMOs). The duty requires the dutyholder (typically the landlord or managing agent) to find out whether asbestos is present, assess its condition, prepare a management plan, and ensure anyone who might disturb it is given information about its location and condition.
In Australia, the Work Health and Safety Act 2011 and the Asbestos Management Review identify PCBUs who manage or control workplaces — including commercial landlords — as responsible for maintaining asbestos registers, management plans, and ensuring licensed removalists are used where required. Residential landlords in some states also face specific obligations under tenancy and housing legislation.
In France, landlords of buildings constructed before 1997 must maintain a dossier technique amiante (DTA) and make it available to tenants and contractors. For sales, a diagnostic amiante (état d'amiante) must be provided as part of the dossier de diagnostic technique (DDT). In Spain, commercial property owners must conduct risk assessments and maintain an asbestos register under RD 396/2006. In the US, while federal law focuses on schools and workplaces, many states impose disclosure