The Health and Safety Executive (HSE) has today published its response to a consultation on proposals to strengthen the regulatory framework for managing asbestos.
The consultation sought views on three proposals regarding the Control of Asbestos Regulations 2012 (CAR 2012), all aimed at reducing exposure to legacy asbestos, which remains a risk in Great Britain due to its use in construction before being banned in 1999.
The responses have led to HSE making a regulatory change to strengthen independence and impartiality in the four-stage clearance process. HSE will amend regulation 20 of CAR 2012, which covers standards for air testing and site clearance certification, to remove the potential conflicts of interest that may arise when the LARC appoints the asbestos analyst.
Later this year, HSE will update the Approved Code of Practice (L143) Managing and working with asbestos – HSE and Asbestos: The Analysts’ Guide – HSE, and has developed simple online guidance to help dutyholders appoint third-party service providers with confidence. Industry will have 12 months to comply with the changes.
In addition, HSE continues to strongly recommend that dutyholders use accredited organisations when commissioning asbestos surveys and is developing further guidance and interventions to help dutyholders understand the critical role a quality survey plays in managing asbestos risk safely.
Finally, the consultation has resulted in the category of work known as Notifiable Non-Licensed Work (NNLW) being retained. HSE will work collaboratively with industry to develop improved guidance to support the correct use of this category.
Across all three proposals, responses consistently pointed to behaviours and competence, particularly around dutyholder understanding of their responsibilities under the regulations, commissioning practices, and the practical application of regulatory requirements. This evidence will be used to inform the design of further interventions and guidance.
Rick Brunt, Director of Engagement and Policy at HSE, said:
“Thanks to those who responded, we gathered substantial evidence helping us to develop a greater understanding of the issues that underlined each of the proposals and to help support policy development and decision-making.
“We are now able to confidently strengthen asbestos safety regulations and make changes to guidance that will help us deliver on our commitment to reduce asbestos exposure across Great Britain.”
Minister for Social Security and Disability, Sir Stephen Timms, said:
“The dangers of exposure to asbestos are well known. Its terrible legacy from its use in the past remains a risk for many people in the present.
“To protect people in Britain, we have a mature and well-established approach to the management of asbestos in buildings.
“Today we are strengthening this protection to improve the safety of our workers and the public from asbestos exposure.”
The publication of the consultation response follows the laying of a Statutory Instrument in parliament to amend the regulations which will come into force on 24 November 2026, with industry having a year to comply before HSE enforces the change in November 2027.
HSE will continue to monitor and evaluate the effectiveness of these changes once implemented. The outcomes in response to the consultation represent the delivery of the three outstanding recommendations made by the 2022 Work and Pensions report on the HSE’s approach to asbestos management accepted by the previous Government.
Notes to editors
- The consultation, “Legislative and guidance proposals for the Control of Asbestos Regulations 2012”, ran from 10 Nov 2025 to 9 Jan 2026 and received 358 responses.
- The consultation looked at three separate proposals:
- Proposal to ensure the independence and impartiality of roles in the four-stage clearance process
- Proposal to improve the quality of asbestos surveys
- Proposal to clarify the type of work that constitutes work with asbestos known as Notifiable Non-Licensed Work (NNLW)
- The full consultation response is available at Legislative and guidance proposals for the Control of Asbestos Regulations 2012 – Health and Safety Executive – Citizen Space
- The Statutory Instrument will come into force on 24 November 2026 and is subject to parliamentary procedure.