Asbestos Is Back on HSE's Radar — And the Rules Are Getting Tighter

Proposed Changes to the Control of Asbestos Regulations: What You Need to Know

Asbestos kills around 5,000 people a year in the UK. It remains the single biggest cause of work-related deaths. Despite decades of regulation, it keeps appearing in enforcement statistics because duty holders keep getting it wrong — poor surveys, inadequate management plans, contractors who don't know what they're working near.

HSE has had enough of the slow pace of improvement, and the regulatory landscape is about to shift.

The enforcement picture right now

Asbestos management remained a priority in 2024/25, with over 600 inspections under the duty to manage asbestos and 713 inspections of licensed asbestos removal contractors. That's a substantial inspection programme, and the conviction rate across HSE's prosecutions as a whole was 96%. If you're on the wrong end of an asbestos enforcement action, the odds of prosecution converting to conviction are extremely high.

What's coming down the line

HSE's consultation — which closed in January 2026 — proposed stricter Control of Asbestos Regulations 2012, including better surveys, independent clearance processes, and clearer definitions around notifiable non-licensed work.

These proposed changes target three persistent failure points:

1. Survey quality — Too many asbestos management surveys miss materials or understate condition. The proposals push for higher standards and greater accountability on surveyors.
2. Clearance certification — Independent clearance for licensed removal work aims to remove the conflict of interest that exists when contractors self-certify.
3. NNLW boundaries — Notifiable Non-Licensed Work has been a grey area exploited by some contractors to avoid the obligations that come with licensed work. Clearer definitions close that loophole.

Duty holders: check your position

If you manage a pre-2000 building — whether as an employer, landlord, or facilities manager — your Regulation 4 duty to manage asbestos doesn't disappear because you haven't found any yet. Ask yourself:

• Is your asbestos register current and accessible to contractors?
• Has your management plan been reviewed in the last 12 months?
• Are you capturing all NNLW activity and notifying as required?
• Are your contractors licensed where they need to be?

The cost of getting this wrong isn't just a fine. It's a fatality that takes 20–40 years to manifest, by which point the legal and human consequences will land on whoever holds the duty today.