Changes to UK Asbestos Regulations
The Government and the Health and Safety Executive (HSE) are in the process of reviewing and potentially updating aspects of the UK asbestos Regulations. However, the Regulations currently in force in relation to management of asbestos are the Control of Asbestos Regulations 2012.
While a previous 2023 review concluded that the 2012 Regulations were “fit for purpose” and did not require immediate wholesale changes, mounting pressure regarding the safety of ageing asbestos materials in public buildings has driven new proposals for 2025/2026. This guide explains what you need to know about the current Regulations and the proposed changes.
What are the current asbestos related Regulations?
The current Regulations managing asbestos in buildings are The Control of Asbestos Regulations 2012. These Regulations ensure responsibility for the maintenance and repair of non-domestic premises where asbestos materials may be present, together with ensuring proper management of those asbestos materials takes place. It will be noted that the Regulations are limited to non-domestic premises only.
Who do the Control of Asbestos Regulations apply to?
The person responsible for the maintenance, repair and management of asbestos materials is called the “duty-holder”. The duty-holder needs to ensure asbestos related maintenance and repair of relevant premises is carried out, and to ensure likely asbestos materials are identified. A duty-holder could include an employer or commercial landlord.
Who benefits from the Regulations?
The intention behind these maintenance, repair and management requirements is to ensure that people who work in the premises or use the premises, such as the building’s employees, occupants and visiting tradespeople, are protected from exposure to asbestos containing materials.
What are the latest proposed changes to the Asbestos Regulations?
The HSE launched a consultation in November 2025, which closed on 9 January 2026, seeking views on proposals to improve the application of the Control of Asbestos Regulations and guidance around asbestos management, to help protect workers and building users.
The consultation sought views on three proposals:
- To ensure the independence and impartiality of roles in the four-stage clearance process, to further minimise the risk of exposure from asbestos to workers and building users after the removal of asbestos;
- To drive up the standard of asbestos surveys to ensure duty-holders have the information they need to safely manage asbestos risks;
- To clarify the type of work that constitutes work with asbestos known as Notifiable Non- Licensed Work (this is minor work with low exposure risk).
Why is the HSE reviewing the Asbestos Regulations?
Rick Brunt, Director of Engagement and Policy at HSE, said:
“Asbestos continues to be a significant risk to workers in Great Britain. While we have made significant progress in managing asbestos risks, these proposals represent an important step towards further strengthening protections for workers and the public.
“We want to hear from all stakeholders involved in the asbestos regulatory system to ensure our approach is both effective and proportionate, supporting HSE’s commitment to protecting people and places whilst enabling innovation and economic growth.”
The Minister for Social Security and Disability, Sir Stephen Timms, 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.
“In Britain we have a mature and well-established approach to the management of asbestos in buildings: the Control of Asbestos Regulations 2012, enforced by the Health and Safety Executive and other regulators.
“This consultation aims to improve these Regulations and enhance worker and public protection from asbestos exposure.”
Why do these changes to asbestos laws and Regulations matter?
Although the importation, supply and use of asbestos was banned in the UK back in 1999, the UK continues to experience challenges when it comes to managing asbestos within buildings. Asbestos is the single largest cause of work-related deaths in the UK and the presence of asbestos materials in many buildings continues to pose a threat to the general public, with an estimated 5,000 people a year dying of asbestos-related diseases in the UK.
Lorna Webster, Partner and Asbestos Disease at Hodge Jones & Allen says:
“Despite the nationwide ban in 1999, vast quantities of asbestos materials remain present inside public and private buildings. It is estimated that some 6 million tonnes of raw asbestos was historically imported into the UK, which translates to many more millions of tonnes of asbestos products when taking into account the fact that raw asbestos fibres were mixed with other materials to create asbestos containing products. It is estimated that still today asbestos containing materials can be found in more than 1.5 million UK buildings, including public spaces, such as hospitals and schools.”
What do the Control of Asbestos Regulations 2012 cover?
UK asbestos building regulations are primarily governed by the Control of Asbestos Regulations 2012, which also cover the issue of asbestos removal. Various important issues are covered including:
The Key Regulations & Duties:
- A Duty to Manage: Owners/occupiers of non-domestic premises must identify, map, and manage asbestos containing materials and keep an up-to-date register;
- Considering about Removal or Management: Asbestos materials do not legally have to be removed if they are in a good condition, undisturbed, and securely managed;
- Surveys: Refurbishment or demolition surveys are legally required before any construction work that might disturb asbestos materials.
Removal Requirements & Categorisation:
- Licensed Work: High risk work must be carried out by HSE licensed contractors. This includes removal or loose fill insulation, pipe lagging and extensive insulating board removal;
- Notifiable Non-Licensed Work (NNLW): Specific lower-risk tasks, such as small-scale removal of asbestos cement, require notification to the HSE, medical surveillance and air monitoring;
- Non-Licensed Work: Minor work with a low exposure risk, for example cleaning up small debris, still requires proper training and personal protective equipment to be provided.
Safety & Compliance:
- Air Quality: The control limit for asbestos is 0.1 fibres per cubic centimetre of air.
- Training: Anyone likely to be exposed to asbestos fibres during work must receive appropriate training.
- Waste Disposal: Asbestos waste must be labelled and disposed of at licensed facilities who accept hazardous waste.
What happens next?
The HSE will consider the views expressed and decide how best to take the proposals forward based on an interpretation and analysis of the responses.
A summary of the HSE’s response to the views expressed will be published on the consultation webpage. Any potential legal changes will be subject to agreement from the wider Government and if any Regulatory changes are to come into force, the HSE will issue further communications by way of update.
Where to find more information
- Further information about the consultation can be found here.
If you have been diagnosed with an asbestos related condition, contact us for advice, even if you are unsure how you have come into contact with asbestos dust.
For a confidential, no-obligation discussion, please contact our legal experts in the Asbestos & Workplace Illness Team. They have extensive experience in securing compensation for individuals affected by asbestos-related diseases. Call us today on 0330 822 3451 or request a callback.