What happened
The Health and Safety Executive (HSE) has announced changes to asbestos safety regulations following its recent consultation. The main change targets the process for verifying that sites are free from asbestos after removal work. HSE will revise regulation 20 of the Control of Asbestos Regulations 2012 to remove any potential conflicts of interest in the four-stage clearance process. From 24 November 2026, licensed asbestos removal contractors will no longer be able to appoint their own asbestos analysts for this clearance certification.
The new rules mean that air testing and site clearance must be handled by an independent third party. This aims to increase impartiality in checks that certify a site as free from asbestos after removal works. HSE has also published additional guidance to help dutyholders choose suitable independent providers. Industry is being given 12 months to adapt before HSE starts enforcement in November 2027.
In addition, HSE will update its Approved Code of Practice (L143) and related guidance, focusing on helping dutyholders appoint competent asbestos analysts. It has rolled out online resources to guide procurement of third-party services.
The background
Use of asbestos in construction has been banned in the UK since 1999. However, asbestos remains present in many existing buildings, especially those built before the ban. Managing the legacy risk from asbestos is regulated by the Control of Asbestos Regulations 2012 (CAR 2012). These rules set out how asbestos must be identified, managed, and removed to protect workers and building occupants.
The HSE consultation, launched earlier in the year, presented three proposals for reform. These focused on improving impartiality in clearance certification, clarifying guidance on the need and appointment of accredited surveyors, and reviewing the category of Notifiable Non-Licensed Work (NNLW). The aim was to update practices in light of ongoing exposure risks and changing industry practice.
Consultation feedback highlighted that dutyholder understanding, appointment practices, and practical application of the rules were areas needing improvement. HSE stated that these insights will shape further interventions and updated guidance.
What people are saying
Rick Brunt, HSE’s Director of Engagement and Policy, said that feedback from the consultation gave “substantial evidence” on the issues raised by the proposals. Brunt added that this has enabled HSE to strengthen safety regulations and update guidance to support national efforts to reduce asbestos exposure.
HSE continues to advise dutyholders to use accredited organisations when commissioning surveys or analysis. The executive is preparing further interventions and guidance to clarify why the quality of asbestos surveys and analyses matters to managing building risk.
No industry group responses were quoted directly in the HSE statement. However, the consultation summary indicated consistent calls for greater independence and a clearer understanding of dutyholder responsibilities. Respondents also stressed the practical challenges in applying regulations and appointing competent analysts.
The numbers
The amended regulation 20 will take effect on 24 November 2026. There will be a 12-month period for industry to adapt, with full enforcement beginning in November 2027. The HSE has not published statistics on anticipated impacts, but the changes will cover all projects where analytical clearance is needed after asbestos removal.
The retention of Notifiable Non-Licensed Work
The consultation also reviewed whether to keep or remove the Notifiable Non-Licensed Work (NNLW) category. HSE confirmed it will retain NNLW. This type of work applies to certain lower risk activities involving asbestos, which must still be notified to HSE but do not require a full licence.
HSE said it will work with industry to clarify how to use this category correctly. Updated guidance and communication will be developed in collaboration with sector stakeholders to help dutyholders recognise which types of work require notification and what processes to follow.
What happens next
HSE plans to amend regulation 20 of CAR 2012 later in 2026. Affected parties, including licensed asbestos removal contractors and analysts, have until November 2027 to ensure their processes comply. HSE has issued online guidance to clarify procurement of analysts and is preparing further support materials.
Revised versions of the Approved Code of Practice (L143) and the Analysts’ Guide are also scheduled for publication later this year. These updates are intended to clarify practicalities and raise competence standards within the industry. HSE will issue new guidance for dutyholders on commissioning asbestos surveys and will use consultation feedback to target further interventions.
The full response to the consultation is available from HSE. Dutyholders are urged to review the coming changes to ensure compliance as enforcement nears.