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Passive with Modals

This rule covers the fixed framework modal + be + past participle: can, could, may, might, must, and should all take the same passive block in statements, negatives, and questions. Practise its form, participle choice, active-to-passive transformation, and deciding whether to name the performer.

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Passive with a modal verb: can be done, must be checked

1. Why background the performer in a modal passive?

The modal passive — modal + be + past participle — appears when the action or its result matters more than exactly who will perform it: in rules, notices, instructions, and formal messages.

The modal's own meaning — obligation, permission, possibility, or advice — does not change when the clause becomes passive: must in must be signed expresses obligation just as it does in active you must sign.

All safety equipment must be checked before each shift.

All safety equipment must be checked before each shift.

What needs checking matters, rather than exactly who will do it.

Photos can be uploaded directly from your phone.

Photos can be uploaded directly from your phone.

The possibility concerns the photographs; the person uploading them is unimportant or obvious, namely the user.

2. Form: modal verb + be + past participle

The basic order is modal verb, be, and past participle (V3). Not or adverbs can appear between these elements: should not be changed, must be carefully checked. Be after can, must, should, and the other listed modals does not change to is, are, or was.

This follows the same principle as any verb after a modal: can go, must stop, should wait — and similarly can be done, must be stopped, should be checked.

How to build it

modal + be + V3 (be always remains in its base form)

V1 / base form
—
The base verb without to: work, go, be.
V3 / past participle
—
The third verb form: worked, gone, seen. Used after have/has or in the passive, for example; it is not always the same as V2.
modal
—
A modal verb expresses meanings such as ability, possibility or necessity: can, may, must.

New passwords should be changed every three months.

New passwords should be changed every three months.

In should be changed, should is followed directly by be, and change becomes changed.

The missing files might be found somewhere on the old computer.

The missing files might be found somewhere on the old computer.

Might be found uses the irregular participle found (find–found–found) immediately after be.

3. The past participle after be

Regular verbs add -ed: check → checked, finish → finished, allow → allowed. Irregular verbs have their own past participles to learn: write → written, take → taken, send → sent, break → broken.

Be + -ing normally forms an active continuous construction: should be checking describes someone doing the checking. A continuous passive needs being + V3: should be being checked. The simple passive takes V3, which does not necessarily end in -ed or -en: cut → cut, put → put.

This letter should be sent by courier, not by regular post.

This letter should be sent by courier, not by regular post.

Send is irregular: send–sent–sent.

Broken glass must be removed carefully to avoid injury.

Broken glass must be removed carefully to avoid injury.

Remove is regular; its participle is remove + d.

4. Negatives: not directly after the modal

In a negative, not attaches directly to the modal, in a full form — must not, cannot, should not — or a contraction — mustn't, can't, shouldn't. The following be and participle do not change.

Unlike ordinary verbs, these modals do not need don't/doesn't/didn't: they form negatives without auxiliary do.

Personal opinions shouldn't be presented as established facts.

Personal opinions shouldn't be presented as established facts.

Should expresses advice; not attaches directly to should.

This decision can't be changed after the contract is signed.

This decision can't be changed after the contract is signed.

Can't be changed combines negation and possibility in the single contracted form can't.

5. Questions: put the modal before the subject

In a yes/no question, put the modal before the subject: Can the file be opened? Be and V3 retain their order, although an adverb can come between them: Can it be easily opened?

If asking about time, place, or manner, put the question word before the modal: When should the results be announced? In a question about the subject itself, there is no additional subject: What should be changed?

How to build it

(question word +) modal + subject + be + past participle?

subject / S
—
The grammatical subject: who or what the clause is about; the verb agrees with it. In The book was written, the book is the subject, although someone else does the action.
V3 / past participle
—
The third verb form: worked, gone, seen. Used after have/has or in the passive, for example; it is not always the same as V2.
modal
—
A modal verb expresses meanings such as ability, possibility or necessity: can, may, must.

Must this application be submitted online, or can I bring it in person?

Must this application be submitted online, or can I bring it in person?

Must this application be submitted inverts only the modal and the subject.

When should the results be announced?

When should the results be announced?

When precedes should; be announced remains together after the results.

6. The performer: when to add by and when to omit it

Add a by-phrase only when the performer matters to the meaning or is not recoverable from context: exactly who must approve, sign, or carry out something.

If the performer is generic — people in general or any staff member — or obvious, the by-phrase is naturally omitted. Rules, notices, and instructions commonly take this form.

Final decisions must be approved by the board of directors.

Final decisions must be approved by the board of directors.

The performer, the board of directors, is specific and important, so the by-phrase remains.

Wet floors should be marked with a warning sign.

Wet floors should be marked with a warning sign.

The person doing this, for example a cleaner, is unimportant and unnamed; there is no by-phrase.

7. Scope: related constructions not practised here

Each modal — can, could, may, might, must, and should — contributes its own meaning, such as permission, advice, obligation, or possibility. We do not compare these meanings in detail here; that belongs to the related rule “Common modal passives” in the same topic.

To make a deduction or judgment about a completed past event, use modal + have been + V3: must have been done expresses a deduction that it was done; should have been done says it ought to have been done. The simple framework with could can also refer to a past possibility: The door could be opened with a key. Context and the modal's meaning determine time, not the mere presence of be.

The causative construction have/get something done, such as have your hair cut, belongs to a different category: causatives, rather than modal passives.

This task must be finished today.

This task must be finished today.

This illustrates our rule: the form itself, with the same framework following each modal.

This task must have been finished yesterday, since no one mentioned it today.

This task must have been finished yesterday, since no one mentioned it today.

This uses a different construction, must have been finished, covered by a separate related rule rather than this lesson.

8. Using several modals in one text

In real notices, instructions, and rules, several modal passives naturally appear together: one sentence expresses an obligation, another permission or advice. Moving comfortably between them is this rule's goal.

The same be + participle framework recurs after each modal, so there is no new structure to learn; simply choose the modal that fits the meaning.

Entry to the lab requires a badge. Visitors must be accompanied at all times, and food can't be brought inside.

Entry to the lab requires a badge. Visitors must be accompanied at all times, and food can't be brought inside.

Two modal passives, must be accompanied and can't be brought, appear in one short notice.

Before the trip, your passport should be checked for its expiry date, and any visas must be arranged in advance.

Before the trip, your passport should be checked for its expiry date, and any visas must be arranged in advance.

Should be checked expresses advice, while must be arranged expresses obligation: different modals, the same framework.

Common mistakes

Incorrect:This invoice must be pay before the end of the month.

Correct:This invoice must be paid before the end of the month.

After be, use the participle paid, not the base form pay.

Incorrect:The window can broken easily if you're not careful.

Correct:The window can be broken easily if you're not careful.

Be is missing: can directly before a participle does not form the passive.

Incorrect:The report must is finished by six o'clock.

Correct:The report must be finished by six o'clock.

After a modal, be does not change to is/are/was; it always stays in its base form.

Incorrect:This must to be checked before you leave the building.

Correct:This must be checked before you leave the building.

The modals covered here do not take to before the following verb, unlike the construction have to.

Incorrect:The results should be announcing tomorrow morning.

Correct:The results should be announced tomorrow morning.

After be, use the participle announced, not the -ing form, which creates a different, continuous construction.

Incorrect:Smoking mustn't allowed in this building.

Correct:Smoking mustn't be allowed in this building.

A negative modal passive also requires be: mustn't be allowed, not mustn't allowed.

Incorrect:This must be by tomorrow finished.

Correct:This must be finished by tomorrow.

By tomorrow naturally goes at the end of this sentence. This does not prohibit adverbs between be and V3: must be carefully checked is correct.

Sources

Modal passives: obligation, permission, advice or possibility

1. The same form can carry very different meanings

The passive block be + past participle names an action received by a thing or person. A preceding modal expresses the attitude towards it: can be done allows an action or describes its possibility; must be done requires it. Have to and ought to also express modal meanings, but have their own forms with to.

Can be done, must be done, should be done and might be done share be + past participle, while expressing ability, obligation, advice and uncertain possibility. Choosing the wrong modal is a communication problem rather than a spelling error: the listener may understand a different message.

This wall can be painted in any colour you like.

This wall can be painted in any colour you like.

Can expresses ability or freedom of choice, rather than obligation or advice.

This wall must be painted before the inspection.

This wall must be painted before the inspection.

The same be + painted pattern now carries a firm requirement through must.

2. Obligation: must and have to

Must be signed and has to be signed can express very similar obligations. Must often presents the speaker’s conviction or authority, or a formal written rule such as a sign or regulation. Have to often points to an external requirement independent of the speaker. This is a tendency, rather than an absolute distinction.

The two are interchangeable in many everyday contexts. Speakers often choose have to as a more neutral conversational form. The distinction is most noticeable in formal wording or when a speaker explicitly emphasises insistence.

All passengers must be seated before takeoff.

All passengers must be seated before takeoff.

An airline’s official rule is a typical context for must.

The car has to be serviced every 10,000 kilometres, according to the manual.

The car has to be serviced every 10,000 kilometres, according to the manual.

An external manufacturer’s requirement is a typical context for have to.

3. Prohibition versus “not necessary”: the central contrast

In rules of conduct, mustn’t / must not be done and can’t / cannot be done can express prohibition. Can’t also expresses impossibility: This file can’t be opened. Distinguish these from absence of obligation: doesn’t have to be done.

Doesn’t have to be done / don’t have to be done and needn’t be done express absence of obligation: doing the action is optional. Confusing this with prohibition reverses the intended message.

This exam mustn't be taken with a phone in the room.

This exam mustn't be taken with a phone in the room.

Prohibition: a phone is strictly forbidden in the room.

This exam doesn't have to be taken this month — you can wait until the next session.

This exam doesn't have to be taken this month — you can wait until the next session.

No obligation: the student can take the exam now or wait.

4. Advice: should and ought to

Use should be done and ought to be done for advice or recommendations. They can also express moral obligation or expectation, so the grammar alone does not guarantee that ignoring the recommendation has no consequences. Must / have to expresses a requirement more directly.

Ought to is less common in modern conversation, especially in negatives and questions. Should is a much more usual default; ought to can sound slightly more formal or literary.

Fragile items should be wrapped separately.

Fragile items should be wrapped separately.

A packing recommendation, rather than a compulsory requirement.

More attention ought to be paid to staff training, in my opinion.

More attention ought to be paid to staff training, in my opinion.

Ought to gives a slightly more formal shade to this opinion than should.

5. Ability and permission: can, could, may, might

Can be done often describes ability or general possibility: something can technically be done. Can also expresses permission: someone is allowed to perform the action.

May be done is a more formal written permission pattern in rules, notices or contracts. Could be done often describes hypothetical ability or offers a tentative suggestion, while might for permission is rare and sounds very formal or old-fashioned.

This software can be installed on up to three devices.

This software can be installed on up to three devices.

Can describes technical or licensing possibility.

Refunds may be issued within 14 days of purchase, at the manager's discretion.

Refunds may be issued within 14 days of purchase, at the manager's discretion.

May expresses formal permission in a written rule.

6. Possibility versus a prediction: may/might/could and will

May be done, might be done and could be done can express uncertain possibility: the speaker does not know whether the action will happen. Might can sound more tentative than may, but the difference is often slight and the forms can be interchangeable; context matters.

Will be done can express a prediction, intention or promise. It does not guarantee the real outcome and can occur with probably. May, might and could present possibility more tentatively; the strength of the whole statement also depends on context.

The results might be published a bit later than usual this year.

The results might be published a bit later than usual this year.

Might conveys genuine uncertainty, rather than a promise.

I promise the results will be published by Friday, no matter what.

I promise the results will be published by Friday, no matter what.

Will expresses a firm promise here, reinforced by I promise.

7. Boundaries: what this lesson does not practise

The mechanical structure—unchanged be after a modal, choosing a past participle and ordering negatives or questions—is covered by Modal + be + past participle in the same topic. Here the form is a tool; the target is the choice of meaning.

Modal + have been + past participle evaluates a completed past action: should have been done expresses what ought to have happened; must have been done expresses a deduction. Simple could be done can also describe past possibility. Have/get something done, meaning arranging for a service, is studied separately.

The report should be finished by Friday.

The report should be finished by Friday.

The target is which modal fits and why, rather than forming be finished.

The report should have been finished by Friday, but it wasn't.

The report should have been finished by Friday, but it wasn't.

This is the separate related structure should have been finished, outside the lesson’s main target.

Common mistakes

Incorrect:Photos mustn't be taken here if you don't want to — it's your choice.

Correct:Photos don't have to be taken here — it's your choice.

Mustn’t prohibits the action, while the intended meaning makes it optional. Use don’t have to to express that choice.

Incorrect:The font size should be increase.

Correct:The font size should be increased.

The passive after should be needs past participle increased. Should advises increasing the font size.

Incorrect:The delivery might be delay.

Correct:The delivery might be delayed.

The passive after might be needs past participle delayed. Might describes possible delay.

Incorrect:The manager said staff might be allow to leave early today.

Correct:The manager said staff might be allowed to leave early today.

The passive requires allowed. Might be allowed is correct here: it can report permission originally expressed with may be allowed or describe an uncertain possibility.

Incorrect:The equipment does not has to be brought.

Correct:The equipment does not have to be brought.

After does not, use base form have. Does not have to be brought makes bringing the equipment optional rather than forbidden.

Incorrect:This bridge can crossed by trucks — it is strong enough.

Correct:This bridge can be crossed by trucks — it is strong enough.

The passive is missing be. Could be crossed can also be a grammatical assessment of the bridge’s possible use; its strength alone does not make could incorrect.

Sources

Passive with a modal verb about the past: must have been done

1. The same framework, a new time layer

In the neighbouring rule, you saw the chain modal + be + past participle for evaluating what is happening now or is to happen: can be fixed, must be signed. This rule adds one more link—have been—and shifts the same evaluation into the PAST: something has already happened (or has not happened), and we are talking about it now.

The form becomes longer (modal + have been + V3 instead of modal + be + V3), but the meaning of the modal verb often changes with it: must in the present passive most often means obligation (“must be signed”—it is necessary to sign it), while must in this chain means a CONFIDENT DEDUCTION about the past (“must have been signed”—it was probably already signed).

The lights are still on, so the office must have been left unlocked overnight.

The lights are still on, so the office must have been left unlocked overnight.

We evaluate a past event based on present evidence (the lights are on).

The window should have been closed before the rain started.

The window should have been closed before the rain started.

A reproach for something that, judging from the context, was not done on time.

2. Form: modal + have + been + V3

Keep the order modal + have + been + V3. Not and adverbs can stand between the links: might not have been sent, must have already been checked. After a modal, have does not change to has or had; in this simple perfect passive, we use been.

This is the same principle that applies to any verb after a modal: can go, must stop—and likewise can have gone, must have stopped. Here, one more link (been) is simply added between have and the participle to change the active perfect into a passive one.

Regular verbs form V3 with -ed (fix → fixed, check → checked); irregular verbs have their own forms (steal → stolen, leave → left, break → broken). Some V3 forms are the same as the base form: cut → cut. The longer construction have been being checked also exists, but it is the perfect continuous passive and is outside the main pattern of this lesson.

How to build it

modal + have + been + V3 (have and been always remain in this form, whatever the subject)

subject / S
—
The grammatical subject: who or what the clause is about; the verb agrees with it. In The book was written, the book is the subject, although someone else does the action.
V3 / past participle
—
The third verb form: worked, gone, seen. Used after have/has or in the passive, for example; it is not always the same as V2.
modal
—
A modal verb expresses meanings such as ability, possibility or necessity: can, may, must.

These photos might have been taken with a professional camera.

These photos might have been taken with a professional camera.

Might have been taken—all four links are present, and none has changed.

The missing key could have been left inside the office by accident.

The missing key could have been left inside the office by accident.

Left—the irregular participle (leave-left-left) comes directly after been.

3. Confident deduction and confident negative conclusion: must / can't / couldn't

Must have been + V3 means that the speaker is almost certain: the evidence points to this particular conclusion. This is no longer an obligation (as in must be done in the present passive), but a logical conclusion about what most likely happened.

For the conclusion “this could not have happened,” can’t / couldn’t have been + V3 are natural. Must not / mustn’t have can also express a negative conclusion in some varieties of English, so we should not declare it always incorrect. For a clear, neutral contrast, we compare must have with can’t have here.

The coffee machine must have been switched off by the last person to leave.

The coffee machine must have been switched off by the last person to leave.

A confident conclusion based on the fact that the machine is switched off now.

That email can't have been sent from her old account — she closed it months ago.

That email can't have been sent from her old account—she closed it months ago.

A confident negative conclusion: can't/couldn't, not mustn't.

4. Uncertain possibility: may / might / could

May, might, and could have been + V3 can express an uncertain deduction. In this context, they are often interchangeable, but could have been can also describe an unrealised possibility rather than an assumption about what actually happened. The meaning is determined by the whole situation.

These forms naturally appear when there are several possible explanations at the same time: the speaker may list two or three possibilities in succession, each with its own might/could have been, without finally choosing one.

The plants might have been watered by my neighbour while I was away.

My plants might have been watered by my neighbour while I was away.

An uncertain but plausible deduction without direct evidence.

This mark on the table could have been caused by a hot cup.

This mark on the table could have been caused by a hot cup.

Could have been—one of several possible causes, not the only one.

5. Reproach and an unfulfilled expectation: should / shouldn't

Should have been + V3 can evaluate an unfulfilled obligation or a desired past action: The tickets should have been booked, but they weren’t. It can also express an expectation when the result is not known: The parcel should have been delivered by now—we expect the parcel to have arrived already.

In a reproach, shouldn’t have been + V3 usually means that the action was carried out even though it should not have been. However, the form itself does not always prove that the action happened: in a context of supposition, it can express an expected absence of an action. First determine the speaker’s intention.

The tickets should have been booked weeks ago, before the prices went up.

The tickets should have been booked weeks ago, before the prices went up.

The expected action, judging from the context, was not completed on time.

This comment shouldn't have been left on a public page — it named a real client.

This comment shouldn't have been left on a public page—it named a real client.

The action has already been carried out (the comment was posted), and the speaker considers this a mistake.

6. From active to passive, negatives, and questions

In the active modal perfect, the agent is the subject: They must have cancelled the order. In the passive, the object becomes the subject: The order must have been cancelled. The agent can be added with by if it is important. This is a modal construction with a perfect, not the Past Perfect tense with had.

In a negative statement, not attaches directly to the modal verb (shouldn't, shouldn't have been); can't and couldn't are already negative and do not need a separate not. In a question, the modal verb comes before the subject, while have been + participle remain together immediately after it: “Could this have been avoided?”

Could the delay have been avoided if we'd started earlier?

Could the delay have been avoided if we'd started earlier?

Question: modal—subject—have been—participle.

The estimate shouldn't have been sent without the manager's approval.

The estimate shouldn't have been sent without the manager's approval.

Not comes immediately after should; the action has already been carried out—this is a reproach.

7. Scope of the rule: related constructions not practised here

Simple can be fixed and must be signed often refer to the present or future; could be fixed can also describe a past possibility. The perfect block have been + V3 gives a view of an earlier action. It can sometimes place that action before a future deadline: It must have been completed by next Friday. Here, we focus on evaluating the past.

Would have been + V3 (an unreal condition: if… then it would have been done) belongs to the third conditional, not to evaluating a real past event—it has a different logic and a different modal. The causative construction have/get something done (arrange for something to be done for you) is a separate category, Causative, not a passive with a modal.

This form must be signed before Friday.

This form must be signed before Friday.

A present requirement (must be)—not the focus of this rule; compare it with “must have been signed”.

If we'd known earlier, the trip would have been cancelled.

If we'd known earlier, the trip would have been cancelled.

An unreal condition (the third conditional)—a different construction, not the focus of this rule.

8. Transfer to real communication: several meanings in one utterance

In real explanations, reports, or everyday conversations, these meanings naturally occur together: one sentence expresses a deduction about a cause, and another expresses a reproach for something that was or was not done. The aim of this rule is to switch consciously between them without confusing the form.

The same framework have been + V3 is repeated with every modal verb, so there is no new form to learn—only the need to consciously choose the modal verb for the meaning you want to convey at that moment.

The delivery must have been delayed somewhere — it should have arrived by Tuesday.

The delivery must have been delayed somewhere—it should have arrived by Tuesday.

A confident deduction (must have been) and a reproach for an unfulfilled expectation (should have) in one utterance.

I can't have been the only one who noticed — someone else should have said something.

I can't have been the only one who noticed—someone else should have said something.

Both parts here are active: have been the only one—the perfect of be with a noun complement; should have said—the active perfect. This contrast helps with recognition: have been by itself does not make a sentence passive.

Common mistakes

Incorrect:The contract should been signed by both parties before the deadline.

Correct:The contract should have been signed by both parties before the deadline.

have is missing: have must always come between should and been, whatever modal verb is used.

Incorrect:The invoice must have sent to the wrong department.

Correct:The invoice must have been sent to the wrong department.

been is missing: the invoice cannot send something by itself; a passive is needed here, not an active perfect without an object.

Incorrect:The results can't have be announced yet.

Correct:The results can't have been announced yet.

After have, been is required in this passive perfect. Can’t have been announced expresses the conclusion that the results could not yet have been announced.

Incorrect:The car should have been fix before the trip.

Correct:The car should have been fixed before the trip.

After been, a participle (fixed) is required, not the base form of the verb (fix).

Incorrect:The staff should be told about the delay yesterday.

Correct:The staff should have been told about the delay yesterday.

The time marker yesterday requires an evaluation of the past (should have been), not a present modal passive (should be).

Incorrect:This must to have been a mistake.

Correct:This must have been a mistake.

Modal verbs do not take to before the following verb.

Sources
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