The Control of Asbestos Regulations 2012 (CAR 2012) govern the management of asbestos in UK workplaces. They place a "duty to manage" on anyone responsible for the maintenance or repair of non-domestic premises — typically the building owner, employer or landlord. Asbestos cannot be ignored: dutyholders must find out whether asbestos is present, assess the risk, prepare a written management plan, and review it regularly. Work that disturbs asbestos falls into three categories — non-licensed, notifiable non-licensed, and licensed — each requiring specific competence and procedures. Anyone whose work could disturb asbestos must have suitable asbestos awareness training as a minimum. Penalties for non-compliance are severe and include unlimited fines and imprisonment.
Around 5,000 people die in the UK each year from asbestos-related diseases — more than from road traffic accidents. Despite asbestos being banned for new use since 1999, it remains present in approximately 1.5 million UK buildings constructed before 2000. The regulatory framework around managing it is one of the most demanding in UK health and safety law.
This guide explains what the Control of Asbestos Regulations 2012 require, who has duties, the difference between the three categories of asbestos work, and the training that's mandatory for anyone whose work could disturb asbestos.
UK asbestos work is governed primarily by the Control of Asbestos Regulations 2012 (CAR 2012). These replaced and consolidated previous instruments. They sit alongside:
CAR 2012 is the central regulation. Work that engages CAR 2012 also typically engages COSHH and (on construction projects) CDM 2015 simultaneously.
Regulation 4 of CAR 2012 — the "duty to manage" — applies to anyone with responsibility for the maintenance or repair of non-domestic premises. This typically means:
The duty does not apply to private homeowners managing their own dwelling. But it does apply to the common parts of residential buildings (corridors, lift shafts, roof spaces in flats), and to landlords who let out residential property.
The duty also applies in mixed-use buildings — a residential block with commercial premises on the ground floor falls within the duty for both the commercial premises and the common parts.
Dutyholders must:
The default assumption under the duty to manage is that any building constructed or refurbished before the year 2000 contains asbestos until proven otherwise. Dutyholders cannot ignore the question — they must answer it.
The cornerstone of finding out whether asbestos is present is the asbestos survey. Two types exist:
The standard survey for buildings in normal occupation. Identifies the location, extent and condition of any asbestos that might be disturbed during normal use, maintenance or installation works. Should be sufficient to support the management plan.
A more intrusive survey required before any refurbishment or demolition work. Locates all asbestos present in the area to be worked on, including hidden materials behind walls, in voids, and within structural elements. R&D surveys are typically destructive — drilling, lifting flooring, opening cavities — and the area surveyed should not be in normal occupation.
Surveys must be carried out by competent surveyors. Most are accredited by UKAS to ISO/IEC 17020 (inspection bodies). Identified asbestos samples are typically analysed by a UKAS-accredited testing laboratory.
CAR 2012 divides asbestos work into three categories, each requiring different competence and procedures:
| Category | What it covers | Notification & licensing |
|---|---|---|
| Non-licensed work (NLW) | Lower-risk work on asbestos-containing materials in good condition or with low fibre release potential — typical examples include short-duration work on cement products, textured coatings, vinyl floor tiles, bituminous products | No HSE notification required; no licence required; record-keeping required |
| Notifiable non-licensed work (NNLW) | Higher-risk non-licensed work, or work with materials in poor condition — specific criteria around exposure levels and material type | HSE must be notified before work starts; medical surveillance required; training required; record-keeping required |
| Licensed work | The highest-risk asbestos work — including most work with sprayed asbestos, asbestos insulation, and asbestos insulating board (AIB) where condition is poor or work duration substantial | Must be carried out by a HSE-licensed contractor; air monitoring required; medical surveillance required; specific training required; HSE notification required |
The category isn't always obvious from the material alone — duration of work, condition of the material, and whether the work creates significant fibre release all influence the categorisation. Erring on the side of caution and treating uncertain work as the higher category is the safer position.
Anyone whose work could foreseeably disturb the fabric of a building constructed or refurbished before 2000 must receive asbestos awareness training. This includes:
Asbestos awareness training is information training only — it does not authorise the worker to do any work with asbestos. Workers needing to do work that may disturb asbestos require additional non-licensable work training (Category B) or, for licensed work, full licensable work training (Category C).
| Category | Audience | Refresher |
|---|---|---|
| Category A — Asbestos Awareness | Anyone whose work could foreseeably disturb asbestos | Annually |
| Category B — Non-Licensable Work | Workers carrying out non-licensed work on asbestos | Annually |
| Category C — Licensable Work | Workers carrying out licensed asbestos work | Annually |
KeyOstas delivers asbestos awareness training for the Category A audience. Categories B and C require specialised training providers given the practical work involved.
Asbestos was banned for new use in November 1999. Buildings constructed in the 1990s were typically completed using stocks of asbestos-containing materials still in supply. The threshold to assume asbestos may be present is properly described as the year 2000 or earlier.
Asbestos surveys aren't time-limited, but the management plan they support is. Plans must be reviewed regularly — typically annually, and certainly after any building works, change of use, or significant maintenance. An eight-year-old plan with no reviews fails the duty.
The dutyholder must provide information about known or presumed asbestos to anyone whose work might disturb it. Hiding behind workers' own training doesn't satisfy the duty to manage.
The duty to manage doesn't apply to single dwellings occupied by their owner. But it does apply to common parts of multiple-occupancy residential buildings, to rented accommodation (the landlord), and to any work at a private dwelling carried out by employed workers (their employer's CAR 2012 duties apply to the work).
The "leave it alone" advice is correct for asbestos in good condition that isn't going to be disturbed — and the management plan will record exactly that. But the assessment, recording and management plan still have to exist. "Looks fine" without documentation fails the duty.
If asbestos is disturbed (deliberately or accidentally), immediate steps include:
Significant uncontrolled disturbance is one of the most serious incidents that can occur in workplace safety — both for the immediate consequences and for the long-term health implications for those exposed.
Penalties for breaches of CAR 2012 are severe. On conviction:
Fines for serious breaches in recent years have run into hundreds of thousands of pounds, with some cases exceeding £1 million. The HSE and local authorities both have enforcement powers — environmental health officers prosecute many of the smaller cases.
Beyond the criminal penalties, civil compensation claims for asbestos exposure can run for decades — diseases like mesothelioma have latency periods of 20–50 years, so exposures today create future liabilities long after the work has finished.
The use of all forms of asbestos was banned for new applications in the UK in November 1999. Buildings constructed or refurbished before this date may contain asbestos-containing materials, which is why a 2000 cut-off date is typically used in surveys and assessments.
The dutyholder is the person or organisation with responsibility for the maintenance or repair of non-domestic premises. This is typically the building owner, employer, commercial landlord, or managing agent. Where multiple parties share responsibility, all share the duty.
At least annually, and additionally after any change in building use, significant maintenance work, or refurbishment. Plans that go un-reviewed for several years typically fail compliance audits.
The duty to manage does not apply to single owner-occupied dwellings. However, anyone planning significant building work on a pre-2000 home may be wise to have a survey carried out — partly to protect the workers, partly to comply with their own employer duties if employing tradespeople.
A management survey identifies asbestos that might be disturbed during normal building use and supports the duty to manage. A refurbishment and demolition (R&D) survey is a more intrusive survey required before refurbishment or demolition work — typically opening up walls, voids and structural elements that would not be examined in a management survey.
No. Asbestos awareness training is information-only training that allows workers to recognise asbestos and avoid disturbing it. Workers needing to carry out work with asbestos require additional Category B (non-licensable work) or Category C (licensable work) training.
Asbestos awareness training requires an annual refresher. The HSE and industry consensus is that knowledge needs regular reinforcement given the seriousness of consequences if asbestos is disturbed inadvertently.
If you have employees whose work could foreseeably disturb asbestos in a pre-2000 building — including any building maintenance trade — they require asbestos awareness training as an annual obligation. Our asbestos awareness training course meets the Category A requirements and can be delivered virtually, in classroom format, or on-site for groups.
For broader safety competence including asbestos handling responsibilities, the NEBOSH National General Certificate covers asbestos as part of the wider hazardous substances syllabus.
KeyOstas is a NEBOSH Gold Learning Partner with 41 years of experience delivering health and safety training. Call us on +44 (0) 3300 569534 for tailored advice on asbestos training for your organisation.
