Control of Asbestos Regulations 2012 (CAR 2012)

Scope

What it covers.

CAR 2012 applies to all work with asbestos and to any employer whose activities may expose employees or others to asbestos fibres. It covers licensed removal, non-licensed and notifiable non-licensed work (NNLW), analytical work, transport and disposal, and the passive duty to manage asbestos in non-domestic premises whether or not any work is planned.

Who it applies to

Dutyholders under Regulation 4 — anyone in control of the repair or maintenance of non-domestic premises or the common parts of multi-occupied buildings
Employers whose work could expose employees to asbestos, including trades working on pre-2000 buildings
Licensed and non-licensed asbestos contractors
Analysts and consultants carrying out surveys, sampling and air monitoring
Self-employed persons carrying out work with asbestos

Key provisions

The duties, provision by provision.

Reg 4

Duty to manage asbestos in non-domestic premises

Take reasonable steps to find whether asbestos is present, presume it is where evidence is inconclusive, assess its condition, record findings in an accessible register, prepare a written management plan and review both regularly. Applies to common parts of blocks of flats even where the flats themselves are private dwellings.

Reg 5

Identification of asbestos before work

Before any work that is liable to disturb asbestos, the employer must ensure so far as reasonably practicable that any asbestos or presumed asbestos is identified. In practice: a Refurbishment or Demolition Survey to HSG264 is the compliant instrument.

Reg 6

Written risk assessment

A suitable and sufficient assessment of exposure risk must be recorded before work starts and reviewed if circumstances change.

Reg 7

Written plan of work

A written plan detailing how the work will be carried out, the controls used, and the emergency procedures — kept on site and accessible during the work.

Reg 8

Notification of licensable work

Licensable work with asbestos (typically higher-risk friable material — sprayed coatings, pipe lagging, most AIB removals) must be notified to the enforcing authority at least 14 days before work starts.

Reg 9

Notifiable non-licensed work (NNLW)

Certain non-licensed work must still be notified, subject to medical surveillance and written into the health record.

Reg 10

Information, instruction and training

Every worker liable to be exposed must be given adequate information, instruction and training. Refresher training is expected annually as a matter of practice.

Reg 11

Prevention or reduction of exposure

Exposure must be prevented so far as is reasonably practicable; where it cannot be, it must be reduced to the lowest level reasonably practicable.

Reg 16

Air monitoring during licensed work

Air monitoring must be carried out during licensable work by an accredited analyst; a four-stage clearance under HSG248 is required before the enclosure is dismantled.

Reg 19

Health records and medical surveillance

Employers must maintain a health record for every worker exposed and arrange medical surveillance at least every two years for licensed work.

Reg 22

Emergency procedures

Written emergency procedures for any accidental disturbance, immediate reporting and prompt provision of first-aid and decontamination.

In practice

How we apply it.

Every Management Survey we issue includes a Regulation 4 register in the format your CAFM can ingest.
Every Refurbishment & Demolition Survey is scoped and reported to satisfy the client's Regulation 5 obligation before works commence.
Every consultancy retainer includes an annual Regulation 4 register review, reinspection scheduling and evidence-of-competence pack for HSE inspection.
Where a client's contractor triggers Reg 8 or Reg 9, we co-ordinate notification, plan of work approval and Reg 16 four-stage clearance under one project reference.

Enforcement & penalties

Breach of CAR 2012 is a criminal offence enforceable by the Health and Safety Executive (or the relevant local authority). Cases are prosecuted under section 33 of the Health and Safety at Work etc. Act 1974. On indictment there is no upper limit on fines and individuals can face up to two years' imprisonment. HSE Fee for Intervention (FFI) is chargeable from the moment a material breach is identified at £174 per hour (2026 rate).

FAQs

Common follow-up questions.

Does CAR 2012 apply to private homes?

The Regulation 4 duty to manage does not apply inside a private dwelling. It does apply to the common parts of multi-occupied blocks and to any part of the home used for work. Regulation 5, however, applies the moment a contractor starts work — pre-2000 domestic works still require an R&D Survey.

Who is the 'dutyholder' under Regulation 4?

The person or organisation that has an obligation for the maintenance or repair of the premises by virtue of a tenancy or contract. In owner-occupied premises it is the occupier; in leased premises it depends on the lease; in flats it is usually the freeholder or RMC discharged operationally by the managing agent.

What triggers licensable work?

Work is licensable where the risk assessment shows exposure will exceed 0.1 fibres/cm³ over 10 minutes or 0.6 fibres/cm³ over 4 hours, or where the material is a high-risk friable ACM (sprayed coatings, pipe lagging, most loose fill, most AIB). All licensable work must be notified 14 days in advance.

How long must the asbestos register be kept?

Indefinitely while asbestos is present, plus 40 years for the health record of any worker exposed. In practice, the register transfers with the building on sale.

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The Control of Asbestos Regulations 2012