A month on from the Health and Safety Executive (HSE) launching its consultation on proposals to tighten the Control of Asbestos Regulations and improve guidance on asbestos management, feedback is still open. The consultation runs until 9 January 2026, and the changes could affect a wide range of corporate stakeholders. Businesses should act now and share their views before the deadline.
Published 10 December 2025
How prevalent are Health and Safety concerns relating to asbestos?
Asbestos, once widely used in construction and industry, is now recognised as the leading cause of work-related deaths in Great Britain. When asbestos-containing materials (ACMs) are disturbed, they release fibres that, if inhaled, can cause fatal diseases such as mesothelioma, asbestosis, and asbestos-related lung cancer. Despite a ban on asbestos use since 1999, the material remains present in many older buildings, posing ongoing risks to workers and building users, as recognised by the Minister for Social Security and Disability, Sir Stephen Timms, who said:
“The dangers of exposure to asbestos are well known. Its legacy is that it remains the biggest cause of work-related deaths in the UK — responsible for 5,000-plus deaths per year, with many more people living with the impact of asbestos-related disease. This consultation aims to improve these regulations and enhance worker and public protection from asbestos exposure.”
In short, it is clear that for the HSE, effective management and control of asbestos exposure remain critical to public and occupational health.
What do the Control of Asbestos Regulations 2012 currently require?
The Control of Asbestos Regulations 2012 (CAR 2012) is the primary legal framework for managing asbestos risks in Great Britain. The regulations consolidate previous legislation and set out clear duties for employers, duty holders, contractors, and others involved in work with asbestos. Key requirements include:
- duty to manage (Regulation 4): Duty holders must identify and manage ACMs in non-domestic premises.
- licensing: High-risk asbestos work must be carried out by licensed contractors.
- notification and medical surveillance: Certain work must be notified to authorities, and workers must undergo regular medical checks.
- training: Anyone liable to be exposed to asbestos must receive appropriate training.
- four-stage clearance: After asbestos removal, a thorough clearance process must be completed before reoccupation.
CAR 2012 is supported by guidance documents and codes of practice to help duty holders comply with their responsibilities.
What changes are proposed by the consultation?
In order to meet its strategic policy objectives to reduce ill health caused by asbestos exposure and ensure the regulatory regime is clear for duty holders and other stakeholders, and proportionate to the hazards generated, the HSE has identified three proposals in its consultation. One of these is Regulatory (involves changes to the law, making compliance a legal requirement) and two are Non-Regulatory (focused on improving guidance, communication, and support without changing legal obligations).
The three proposals are:
- amend CAR 2012 to ensure independence and impartiality in the four-stage clearance process after asbestos removal (Regulatory)
- improve the quality of asbestos surveys through enhanced guidance and interventions (Non-Regulatory)
- clarify the definition and management of Notifiable Non-Licensed Work (NNLW) with asbestos (Non-Regulatory).
Proposal 1: Ensuring independence in the four-stage clearance process
This proposalseeks to amend CAR 2012 to require the analyst conducting the four-stage clearance process after asbestos removal to be appointed independently by the client or duty holder, not by the asbestos removal contractor. This aims to eliminate conflicts of interest and ensure impartiality in certifying that an area is safe for reoccupation. Currently, contractors often appoint the analyst, which introduces a risk of pressure being applied to pass clearances quickly. The four-stage clearance is a critical process that ensures asbestos has been effectively removed and the area is safe.
The HSE has preferred a regulatory change because voluntary guidance has not achieved sufficient independence in practice. Data shows that in over half of cases, contractors still appoint the analyst. If this proposed regulatory change is made, it will put further responsibility on duty holders who will need to spend additional time and resources appointing analysts. Some contractors have expressed concerns about potential delays and the competence of clients to appoint analysts.
Proposal 2: Improving the quality of asbestos surveys
This proposal aims to improve the quality of asbestos surveys by enhancing guidance and support for duty holders, rather than mandating accreditation for all surveyors. The focus is on helping duty holders understand how to commission competent surveys and act on the results, essential for effective risk management. There are concerns about the competence of both accredited and non-accredited surveyors, and about duty holders’ ability to commission and interpret surveys.
Here, the HSE has preferred a non-regulatory approach, focusing on improved guidance and communication having concluded that informed clients are key to driving up survey standards, and that mandatory accreditation would be costly without guaranteeing better outcomes. This proposed change should be cost-neutral for compliant businesses, avoiding the significant expense of mandatory accreditation. It aims to raise standards through education and support, benefiting both businesses and safety outcomes.
Proposal 3: Clarifying notifiable non-licensed work (NNLW)
NNLW is a middle category of asbestos work that requires notification but not a licence. There is widespread confusion about what work falls into this category, leading to misclassification and potential safety risks, and this proposal seeks to clarify what constitutes NNLW by improving guidance and stakeholder engagement, rather than removing or redefining the category.
Again, the HSE has preferred to retain the category of NNLW but improve guidance, on the basis that removing the category could either increase costs (if work became licensed) or reduce safety standards (if work became non-licensed). Improved guidance will help duty holders correctly classify and manage asbestos work. Again, for compliant businesses, improved guidance is cost-neutral and aims to ensure that moderate-risk asbestos work is properly controlled without unnecessary regulatory burden, supporting both safety and business efficiency.
What do I need to do now?
Engaging with this consultation gives businesses a direct voice in shaping the future of asbestos regulation. The proposals will affect how asbestos risks are managed, the costs of compliance, and the safety of workers and building users. By providing feedback, businesses can help ensure that changes are practical, proportionate, and effective in reducing health risks.
Responses must be submitted by Friday 9 January 2026, and details of how to respond can be found here.