Independent guidance · Legal & compliance
Control of Asbestos Regulations 2012, Explained
The single UK statutory instrument that governs asbestos in buildings and at work — walked through regulation by regulation, in language dutyholders can actually use.
Key takeaways
- Identify (survey or documented presumption)
- Record (asbestos register)
- Assess (material + priority scores)
- Plan (written management plan)
- Review (annual reinspection)
The Control of Asbestos Regulations 2012 (CAR 2012) consolidated three earlier sets of regulations and remains the principal UK statutory instrument for asbestos. The Approved Code of Practice L143 sits alongside it. This guide walks through the regulations that dutyholders actually deal with — 4 through 16 — and explains what each requires, what evidence the HSE looks for, and where the most common breaches occur.
Regulation 4 — Duty to Manage
The best-known regulation. Applies to every non-domestic building and the common parts of residential blocks. Requires the dutyholder to identify whether asbestos is present, record its location and condition, assess the risk, prepare a written management plan, review it regularly and make the information available to anyone liable to disturb the material. It is a continuous duty, not a one-off event. HSG227 is the companion guidance.
- •Identify (survey or documented presumption)
- •Record (asbestos register)
- •Assess (material + priority scores)
- •Plan (written management plan)
- •Review (annual reinspection)
- •Inform (register available to disturbing parties)
What this means
Six verbs. If your compliance file cannot evidence all six, Regulation 4 is not satisfied.
Regulation 5 — Identification before work
Before any work that could disturb asbestos, the person carrying out the work must identify — so far as is reasonably practicable — the type and condition of ACMs present. This applies to every building, including domestic property, and to every worker, whether the dutyholder or a contractor. The Refurbishment & Demolition survey is the standard evidence.
What this means
Regulation 5 applies to whoever intends to do the work, not just the owner. A builder who starts work without identification is in personal breach.
Regulations 6 & 7 — Assessment and plan of work
Regulation 6 requires a suitable and sufficient written risk assessment before any work with asbestos begins. Regulation 7 requires a written plan of work covering the nature and probable duration of the work, the location, methods, control measures, PPE, waste handling and emergency arrangements. For licensed work the plan must be kept on site.
What this means
'Written' is not optional. Verbal assessments and toolbox talks do not satisfy Regulations 6 or 7 on their own.
Regulations 8 & 9 — Licensing and notification
Work with the most dangerous materials — sprayed coatings, lagging, most AIB — requires an HSE Asbestos Licence (Regulation 8). Notifiable Non-Licensed Work (NNLW) is the middle tier — notify the HSE, no licence, medical surveillance applies. Non-licensed work (bonded cement in good condition, small quantities of vinyl tile) needs neither but still requires HSG210 controls.
What this means
Three tiers, not two. Getting the tier wrong is a common enforcement trigger.
Regulation 10 — Information, instruction and training
Every employee liable to be exposed to asbestos must receive training. Three levels: asbestos awareness (all trades who may encounter it), non-licensed work training (those carrying out NNLW), and licensed work training (licensed contractors). Training must be recorded and refreshed at least annually.
What this means
Awareness training records are the first thing HSE inspectors ask for. Keep them centrally and up to date.
Found this guide useful?
Need control of asbestos regulations 2012, explained surveyed or removed?
Same-day written quotes from senior, UKAS-accredited consultants. coverage across England and Wales, from Leeds southwards — no obligation.
Regulations 11–16 — Controls, monitoring and health surveillance
Reg 11 requires prevention or reduction of exposure to the lowest reasonably practicable level. Reg 12 covers control measures and their maintenance. Regs 13–15 cover cleaning of PPE, provision of washing and changing facilities, and prevention of contamination. Reg 16 requires air monitoring during licensed work using UKAS-accredited analysts working to HSG248. Regs 22 and 24 cover medical surveillance and record-keeping for licensed and NNLW workers.
What this means
The controls regulations are how the HSE tests whether Regulation 6 was 'suitable and sufficient' in reality.
Enforcement in practice
The HSE enforces CAR 2012 through inspection, improvement notices, prohibition notices, Fee-for-Intervention recovery and prosecution. Named directors face liability under section 37 of the Health and Safety at Work etc. Act 1974. Sentencing follows the 2016 Definitive Guideline: fines scale with turnover and harm category. RIDDOR notification is required where confirmed exposure has occurred. The published prosecution register is publicly searchable.
What this means
Most enforcement is administrative (notices and FFI), but prosecutions do happen, and directors have been imprisoned. Assume every failure is discoverable.
Frequently asked questions
What replaced CAR 2006?
CAR 2012 consolidated CAR 2006, the Asbestos (Prohibitions) Regulations and the Asbestos (Licensing) Regulations into a single instrument and introduced Notifiable Non-Licensed Work (NNLW).
Does CAR 2012 apply to domestic property?
Regulation 4 does not apply inside individual domestic dwellings, but does apply to the common parts of residential blocks. Regulation 5 applies to anyone doing work in any property, domestic included.
Is the Approved Code of Practice legally binding?
L143 has special legal status: failing to follow it is admissible in court as evidence of failure to comply with CAR 2012 unless the dutyholder can show they complied by another equally effective means.
What is Fee for Intervention?
FFI is the HSE's cost-recovery mechanism. When an inspector identifies a material breach they can charge the dutyholder for their time, currently at £174 per hour. It is charged whether or not a formal notice is issued.
Is asbestos awareness training legally required?
Yes, for any employee liable to be exposed. This includes electricians, plumbers, joiners, decorators, cleaners, caretakers and maintenance staff. Refresher training is expected annually.
Who enforces CAR 2012 in local-authority premises?
The HSE, not the local authority. Enforcement responsibility does not flip to local authorities for asbestos as it does for some other Health and Safety at Work Act matters.
Speak to an independent senior consultant about your project
The UK's Fastest-Growing Independent Asbestos Consultancy. Evidence-based recommendations, UKAS-accredited surveyors, coverage across England and Wales, from Leeds southwards. Every enquiry is reviewed by a senior consultant — consultancy before sales, no obligation.
Read next