UK Policy and Regulation
HSE amends asbestos clearance rules to remove conflicts of interest when removal contractors appoint the analyst
By Staff Writer | 8 November 2026
The Health and Safety Executive has published its response to a consultation on the Control of Asbestos Regulations 2012 and will amend regulation 20, which governs air testing and site clearance certification. The amending Statutory Instrument is due to come into force on 24 November 2026, and HSE will not enforce the change until November 2027.
HSE published its response on 3 November 2026 to the consultation Legislative and guidance proposals for the Control of Asbestos Regulations 2012, which ran from 10 November 2025 to 9 January 2026 and drew 358 responses. It put forward three proposals: securing the independence and impartiality of the roles in the four-stage clearance process, raising the quality of asbestos surveys, and clarifying the category of work known as notifiable non-licensed work. All three were aimed at cutting exposure to legacy asbestos, which remains a risk in Great Britain because of its use in construction before it was banned in 1999.
Who appoints the analyst
The change to the Regulations themselves deals with the four-stage clearance process. HSE will amend regulation 20, which sets the standards for air testing and site clearance certification, to take out the conflicts of interest that can arise where the licensed asbestos removal contractor is the party that appoints the asbestos analyst. Later this year HSE will also revise the Approved Code of Practice L143, Managing and working with asbestos, and the Analysts' Guide, and it has prepared short online guidance to help dutyholders appoint third-party service providers with confidence.
The Statutory Instrument comes into force on 24 November 2026, but industry has twelve months to comply and HSE will enforce the change from November 2027.
HSE says the Instrument has been laid before Parliament and remains subject to parliamentary procedure.
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.
Sir Stephen Timms, Minister for Social Security and Disability
Surveys and notifiable non-licensed work
The other two proposals lead to guidance rather than new law, and HSE continues to recommend strongly that dutyholders use accredited organisations when they commission asbestos surveys, and it is preparing further guidance and interventions on the part a good survey plays in managing asbestos risk. Notifiable non-licensed work is kept as a category, and HSE will work with industry on better guidance about when it applies. Across all three proposals, respondents kept returning to behaviour and competence: whether dutyholders understand their duties, how they commission work, and how the requirements are applied in practice. HSE says that evidence will shape its next interventions.
Rick Brunt, HSE's Director of Engagement and Policy, said the responses had given HSE substantial evidence on the issues behind each proposal, and that it could now strengthen the Regulations and the guidance with confidence. The Minister said the change would improve the safety of workers and the public. HSE adds that the outcomes deliver the three outstanding recommendations of a 2022 Work and Pensions report on its approach to asbestos management, which the previous Government accepted.
Building owners and clients who commission licensed removal work have until November 2027 to check how the clearance analyst is appointed on their projects and to change the arrangement where the contractor makes that appointment.