HSE Confirms Changes to Asbestos Regulations After Consultation

The HSE has confirmed it will amend Regulation 20 of the Control of Asbestos Regulations 2012 (CAR 2012) so that licensed asbestos removal contractors (LARCs) can no longer appoint the analyst who carries out air testing and certifies a site for reoccupation. The amending Statutory Instrument comes into force on 24 November 2026. Industry then has 12 months to comply before enforcement begins in November 2027.

Key Takeaways

• Regulation 20 of CAR 2012 is being amended to remove the LARC's role in appointing the clearance analyst.
• The change takes effect on 24 November 2026. HSE will enforce it from November 2027.
• Notifiable non-licensed work (NNLW) stays as a category, with improved guidance to follow.
• HSE still strongly recommends accredited organisations for asbestos surveys.
• HSE will update the ACOP L143 and the Analysts' Guide later this year.

Why Does Asbestos Still Matter in 2026?

Because it is still in our buildings. Asbestos was used widely in construction until it was banned in 1999, and legacy materials remain in a great many premises. HSE reports around 5,000 asbestos-related deaths a year in Great Britain. That includes 2,146 mesothelioma deaths in 2024, 109 fewer than in 2023.

That fall is welcome, but it reflects exposures that happened decades ago. Today's risk sits with people who disturb ageing materials without knowing they are there, and with the systems we rely on to find, manage and clear them.

What Did HSE Consult On?

HSE opened its consultation on 10 November 2025 and closed it on 9 January 2026, with three proposals shaped by a 2022 Work and Pensions Committee report. You can read the full consultation and response on the HSE website. The outcomes are:

Why Is HSE Changing Who Appoints the Analyst?

The analyst's job is to check that an area is safe to reoccupy after licensed removal. That check carries weight only if the analyst is free to say "not yet". According to HSE data summarised by Clyde & Co, the LARC appoints the analyst in 53% of cases, and the client in 46%.

In my experience, most analysts and contractors do this work with real integrity. The issue is structural. When the contractor selects and pays the person marking its work, even the perception of pressure undermines confidence in the certificate. HSE's stated aim is to remove that potential conflict of interest, and the amendment does so at source.

Is Notifiable Non-Licensed Work Going Away?

No. HSE considered removing NNLW as a category and decided to keep it, after identifying continuing confusion about what counts as NNLW. Expect better guidance rather than new rules. Across all three proposals, consultation responses kept pointing to behaviours and competence: whether dutyholders understand their duties, how they commission work, and how they apply the regulations in practice. That tells us the next phase of reform is likely to be about capability as much as law.

What Should Dutyholders Do Before November 2027?

Appointment will have to come from someone other than the LARC. In practice that is likely to mean the client or dutyholder, although you should check the final wording of the Regulations and the updated L143 when they land. Whatever the detail, these steps will put you ahead of the change:

1. Map your current arrangements. Find out who appoints the analyst on every live and planned removal project.
2. Change procurement early. Appoint the analyst directly, ahead of the removal contract, and ask for evidence of accreditation.
3. Build analyst time into the plan of work. Air testing and clearance take time, and a rushed programme is where pressure creeps back in.
4. Agree what happens when a clearance fails. Decide in advance how re-cleaning, retesting and cost will be handled between contractor, analyst and client.
5. Strengthen the front end. Commission surveys from accredited organisations, and check your asbestos management plan still reflects what is in the building.
6. Train the people who commission. Competence runs through every proposal in this consultation, so make sure whoever appoints these services understands the duties behind them.

Watch for the L143 and Analysts' Guide updates later this year, and for HSE's new online guidance on appointing third-party providers. Frequently Asked Questions

Quickfire Questions

When Do the Asbestos Regulation Changes Come Into Force?

The Statutory Instrument comes into force on 24 November 2026. Industry has 12 months to comply, and HSE will enforce the change from November 2027.

Does the Change Affect Asbestos Surveys?

Not through new regulation. HSE continues to strongly recommend that dutyholders use accredited organisations to commission surveys, and it is developing further guidance and interventions.

What Is the Four-Stage Clearance Process?

It is the procedure that follows licensed asbestos removal, including a thorough visual inspection, clearance air testing and certification before an area can be reoccupied. Regulation 20 of CAR 2012 and HSE's Analysts' Guide set the standards.

Regulation moves quickly, and we're here to help you keep pace. Sign up to the Astutis Quarterly Newsletter for practical updates from our health and safety experts, or read more in our This Week in Health and Safety series.