The Control of Asbestos Regulations 2012, Explained (2026 Guide)

Asbestos remains the single biggest cause of work-related deaths in the UK. If your building was built or refurbished before the year 2000, it may contain asbestos, and if you have any control over that building, the law places specific duties on you. This guide explains the Control of Asbestos Regulations 2012 in plain English: who they apply to, what the “duty to manage” actually means, and how the different types of asbestos work are controlled.

What are the Control of Asbestos Regulations 2012?

The Control of Asbestos Regulations 2012 (often shortened to “CAR 2012”) are the principal piece of asbestos law in Great Britain. They brought together earlier regulations and set out the duties for anyone who owns, occupies, manages or has responsibilities for premises that may contain asbestos, as well as for the contractors who work with it.

A note for 2026: the HSE has been consulting on updates to the guidance and parts of the regime, so it is worth keeping an eye on developments. The 2012 Regulations remain the law in force.

The duty to manage, regulation 4

The heart of the Regulations for most building owners and managers is regulation 4: the duty to manage asbestos in non-domestic premises. If you are the “dutyholder”, typically the person or organisation responsible for maintenance and repair of the premises, or whoever has that responsibility under a tenancy agreement, you must:

• Take reasonable steps to find out whether asbestos is present, and if so, its amount, location and condition;
• Presume materials contain asbestos unless there is strong evidence they do not;
• Keep an up-to-date record, an asbestos register, of the location and condition of asbestos-containing materials;
• Assess the risk of anyone being exposed;
• Prepare and put in place a written asbestos management plan to manage that risk;
• Review and monitor the plan, and provide the information to anyone liable to disturb the asbestos.

The duty to manage does not automatically mean removing the asbestos. Well-maintained asbestos that is in good condition and unlikely to be disturbed is usually safest left in place and managed. The danger comes when it is damaged or disturbed.

How do you know what’s there? Asbestos surveys

You can only manage asbestos if you know where it is. That is the job of an asbestos survey, and there are two main types. (These replaced the older Type 1, 2 and 3 survey categories.)

A management survey is the standard survey for the normal occupation and use of a building. It locates asbestos-containing materials that could be damaged or disturbed during everyday activities and assesses their condition.

A refurbishment and demolition (R&D) survey is required before any refurbishment or demolition work. It is fully intrusive, locating asbestos in areas that a management survey would not reach, so that it can be removed before work starts. If you are planning building work, an R&D survey is a legal necessity, not an optional extra. We cover the price of both in our guide to how much an asbestos survey costs.

Working with asbestos: licensed, notifiable non-licensed and non-licensed

The Regulations split work that disturbs asbestos into three categories, based on risk.

Licensed work is the highest-risk work, for example most removal of sprayed coatings, lagging, and asbestos insulating board (AIB). It can generally only be carried out by a contractor holding a licence from the HSE, and must be notified in advance.

Notifiable non-licensed work (NNLW) is a middle tier introduced by the 2012 Regulations. It does not need a licence but must be notified to the relevant enforcing authority, with additional requirements for medical surveillance and record-keeping.

Non-licensed work is lower-risk work on materials like asbestos cement, where exposure is expected to be low. It still requires proper controls, training and precautions.

Getting the category wrong is a serious matter. Using an unlicensed contractor for licensed work is a criminal offence.

Training, regulation 10

Under regulation 10, anyone whose work could foreseeably expose them to asbestos must receive appropriate information, instruction and training. This includes maintenance staff, electricians, plumbers and other trades who might disturb asbestos without realising it. Asbestos awareness training is the baseline. Those carrying out licensed or non-licensed removal need more.

Choosing a competent surveyor or consultant

Asbestos is a field where competence genuinely matters. Look for surveyors and analysts accredited by UKAS, and for organisations that are members of recognised bodies such as ATaC (the Asbestos Testing and Consultancy association). An accredited, independent survey is both safer and far more defensible if your arrangements are ever scrutinised.

Frequently asked questions

Does the duty to manage apply to my premises?

If they are non-domestic and were built before 2000, almost certainly yes. It also applies to the common parts of domestic buildings, such as the shared areas of a block of flats.

Do I legally have to remove asbestos?

No. If asbestos-containing material is in good condition and will not be disturbed, the safest and most compliant approach is usually to manage it in place and monitor its condition.

Who is the “dutyholder”?

Whoever has responsibility for the maintenance and repair of the premises, often the owner, landlord or managing agent. Where a tenancy agreement is silent, it usually falls to whoever has control of the premises.

Every listing on My Safety Consultant shows the surveyor’s accreditations, so you can check competence before you appoint.