The principal UK statutory instrument. Replaces CAR 2006 and consolidates earlier regulations.
Control of Asbestos Regulations 2012 (CAR 2012)
CAR 2012 brought the UK into line with EU Directive 2009/148/EC and tightened the rules for non-licensed work. Regulation 4 imposes the duty to manage on anyone in control of the maintenance or repair of non-domestic premises. Regulation 5 requires the identification of asbestos before any work is carried out that could disturb it. Regulation 6 requires a written risk assessment, and Regulation 7 a written plan of work. Regulations 8 onwards cover information, instruction, training, control measures, monitoring, health surveillance, washing and changing facilities, and waste handling. The Approved Code of Practice is L143.
- Regulation 4 — duty to manage in non-domestic premises and common parts
- Regulation 5 — identification before work
- Regulation 6 — written risk assessment
- Regulation 7 — written plan of work
- Regulation 10 — information, instruction and training for any worker liable to be exposed
- Regulation 16 — air monitoring during licensed work
The authoritative HSE methodology for asbestos surveying.
HSG264 — Asbestos: The Survey Guide
HSG264 defines the two survey types — Management and Refurbishment / Demolition — and sets out the competence, planning, conduct, sampling strategy, reporting and quality-assurance expectations. Every UKAS-accredited surveying body works to HSG264. Buyers of survey services should specify HSG264 compliance in their tender and verify it on receipt of the report by checking sample density, photographic record, drawings, presumed-material logic and material assessment scoring.
- Defines Management Survey methodology (non-intrusive)
- Defines Refurbishment & Demolition Survey methodology (intrusive)
- Material assessment algorithm: product type × condition × surface treatment × asbestos type
- Priority risk assessment for the management plan
- Reporting structure, drawings and photographic evidence requirements
The HSE guidance on ongoing management once the survey is complete.
HSG227 — A Comprehensive Guide to Managing Asbestos in Premises
HSG227 is the companion to HSG264 and is aimed at dutyholders. It covers the management plan, the register, reinspection cycles, contractor management, training, labelling, encapsulation strategies and incident response. Any organisation evidencing CAR 2012 compliance to its insurers or its audit committee should be able to point to an HSG227-aligned management plan.
- Structure of the asbestos register
- Content of the written management plan
- Reinspection methodology and frequency
- Contractor permit-to-work systems
- Incident response and recording
Governs UKAS-accredited laboratory analysis, air monitoring and four-stage clearance.
HSG248 — Asbestos: The Analysts' Guide
HSG248 is the HSE guidance for analysts. It covers bulk sample analysis by polarised light microscopy, airborne fibre counting by phase-contrast microscopy and TEM, the four-stage clearance process for licensed removal works, and the chain-of-custody documentation expected for evidential purposes.
- Polarised light microscopy (PLM) for bulk samples
- Phase-contrast microscopy (PCM) for airborne fibre counting
- Transmission electron microscopy (TEM) for low-concentration verification
- Four-stage clearance methodology (visual inspection, air test, certificate of reoccupation)
- Chain-of-custody and UKAS 17025 reporting
Asbestos-information duties on clients, designers and contractors.
CDM 2015 — Construction (Design and Management) Regulations
CDM 2015 sits alongside CAR 2012 on every construction project. The client must provide Pre-Construction Information (PCI) including asbestos data; the principal designer must plan and manage the pre-construction phase taking asbestos into account; the principal contractor must plan the construction phase with the asbestos information available; and every contractor must work to the plan. The Approved Code of Practice is L153.
- Client duty to provide PCI including asbestos
- Principal designer duty to plan around identified ACMs
- Principal contractor duty to plan the construction phase
- Designer's broader duty under Regulation 9 to eliminate or reduce risks
What happens when CAR 2012 is breached.
HSE enforcement, fines and prosecution
The HSE enforces CAR 2012 through inspection, improvement and prohibition notices, fee-for-intervention recovery, and prosecution under the Health and Safety at Work etc. Act 1974. Sentencing follows the Definitive Guideline (2016) which links fines to company turnover and harm category. Fines for serious breaches typically range from £10,000 to over £400,000; named directors can face custodial sentences under section 37 HSWA. RIDDOR notification is required where confirmed exposure has occurred.
- Improvement notices — fix within a stated period
- Prohibition notices — stop work immediately
- Fee-for-intervention recovery from the dutyholder
- Sentencing Guideline 2016: fines scaled to turnover and harm category
- Section 37 HSWA — director liability
- RIDDOR notification for confirmed exposure
When removal requires an HSE Asbestos Licence.
Asbestos licensing — HSE licensed contractors
Most friable ACMs — AIB, lagging, sprayed coatings, mill-board — require licensed removal under CAR 2012 Regulation 3. Licensed contractors hold a three-year HSE licence subject to audit. Non-licensed work covers bonded materials in good condition (e.g. small areas of asbestos cement) and requires HSG210 controls. Notifiable Non-Licensed Work (NNLW) is the middle category — requires HSE notification, medical surveillance and record-keeping but not a full licence.
- Licensed work: AIB, lagging, sprayed coatings, friable materials
- Non-licensed work: bonded cement in good condition, single floor tiles
- NNLW: notify HSE, no licence required but health surveillance applies
- Verification: always check the HSE licensed contractor register