What happened
On 3 November 2026, the Health and Safety Executive published its response to a consultation on strengthening the regulatory framework for managing asbestos. According to the HSE Media Centre, the consultation looked at three proposals affecting the Control of Asbestos Regulations 2012 (CAR 2012), all aimed at reducing exposure to legacy asbestos — material still present in buildings constructed before the 1999 ban.
The headline outcome is a regulatory change. HSE is amending regulation 20 of CAR 2012, which covers air testing and site clearance certification, to remove potential conflicts of interest that can arise when the licensed asbestos removal contractor (LARC) appoints the asbestos analyst. In short, HSE wants more independence and impartiality built into the four-stage clearance process.
Alongside the legal change, HSE will update the Approved Code of Practice (L143) and the Analysts' Guide later this year, and has produced simple online guidance to help dutyholders appoint third-party service providers with confidence. HSE also continues to strongly recommend using accredited organisations when commissioning surveys, and the category known as Notifiable Non-Licensed Work (NNLW) has been retained, with improved guidance to follow.
The Statutory Instrument comes into force on 24 November 2026, and industry has a year to comply before HSE enforces the change in November 2027. As HSE's Rick Brunt put it, the evidence gathered means HSE can "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."
Why it matters to contractors
If you work on refurbishment, demolition, M&E first-fix in older buildings, or anything that disturbs the fabric of pre-2000 structures, legacy asbestos is your risk to manage. The change to the clearance process is aimed squarely at the point where removal work is signed off as clean — the stage you rely on before letting people back into an area.
HSE's response repeatedly flagged behaviours and competence as the underlying issue: dutyholders not fully understanding their responsibilities, weak commissioning practices, and patchy application of the regulations in practice. That's the real lesson here. Even with the ACOP and guidance being updated, the regulations only work if the people appointing surveyors and analysts know what good looks like and commission accordingly.
The practical takeaway: don't let the organisation doing the removal also pick the analyst who clears it. Use accredited organisations, understand who is responsible for what, and treat the survey as the foundation of your whole asbestos management approach — not a box-tick.
What to check on your site
- Do you have an asbestos survey in place for any pre-2000 building before intrusive work starts — and is it the right type (management vs refurbishment/demolition)?
- Are you commissioning surveys and analysts from accredited organisations?
- Who appoints the analyst for clearance? Review arrangements so the LARC isn't also selecting the person who certifies the work clean.
- Do your teams know when work is licensed, NNLW, or non-licensed — and who notifies?
- Is your asbestos awareness training current for anyone who could disturb materials?
- Have you diarised the November 2027 enforcement point to review your commissioning and clearance arrangements before then?
Which SafetyPod documents help
Asbestos surveys, licensed removal and clearance certification must come from accredited, competent specialists — no template replaces that. But the wider risk-management paperwork around disturbing building fabric is where your own documents matter. SafetyPod's risk assessment templates give you an editable starting point for the tasks that might uncover or sit near asbestos-containing materials, and the COSHH templates help you record hazardous substances on site.
For intrusive work, pair those with the RAMS and permits to document safe methods and hold points, and brief the team using the toolbox talks before the job starts. These templates support your planning and briefing — they don't make anyone compliant on their own, and they never substitute for specialist asbestos assessment and removal.
Bottom line
The direction of travel is clear: more independence in clearance, better surveys, and sharper understanding of dutyholder responsibilities. Use the 12-month window to review how you commission and clear asbestos work now.
Not sure which documents your work needs? Try the free H&S Document Checker or browse the full template library.