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Control of Asbestos Regulations 2012: Full Compliance Guide

In This Article

Introduction to the Control of Asbestos Regulations 2012

The regulations are further supported by approved codes of practice (ACOP’s) and Guidance Notes (HSG’s). These and lots of supporting advice are freely available online via the HSE website.

Asbestos was once hailed as a miracle material, prized for its insulation, strength, and fire resistance. Between the 1950s and the 1980s, it was widely used in everything from roofing and ceiling tiles to pipe insulation and floor tiles. However, its hidden danger came to light in the form of serious health consequences, including mesothelioma, lung cancer, and asbestosis.

In response to increasing health risks and public concern, the UK government introduced strict regulations to control its use and management. By 1999, all forms of asbestos were banned. But because so many buildings were constructed before this ban, millions of properties across the UK still contain asbestos materials.

Why the Control of Asbestos Regulations 2012 Were Introduced

The Control of Asbestos Regulations 2012 were implemented to consolidate and update previous laws. They combine three former sets of regulations into one cohesive legal framework. The aim? To protect workers and the general public from the dangers of asbestos exposure. These regulations make it crystal clear who is responsible, what duties must be carried out, and how risks should be managed.

It’s not just a legal checkbox – these regulations are a lifeline, potentially saving thousands from fatal diseases every year.

UK control of asbestos regulations 2012

What is Asbestos and Why is it Dangerous?

There are three primary types of asbestos that were commonly used in the UK:-

Chrysotile (White Asbestos): Chrysotile is the most common type, found in roofs, ceilings, walls, and floors.
Amosite (Brown Asbestos): Amosite is typically found in cement sheets and pipe insulation.
Crocidolite (Blue Asbestos): Crocidolite is known to be the most dangerous, used in spray coatings and insulation boards.

Each type presents a serious risk when disturbed, as the fibres become airborne and can be inhaled into the lungs or ingested.

Health Risks Associated with Asbestos Exposure

What makes asbestos particularly hazardous is its fibrous nature. When asbestos-containing materials (ACMs) are disturbed, tiny fibres are released into the air. If inhaled, these fibres lodge into lung tissues, and over time, they cause inflammation, scarring, and even cancer.

Common diseases linked to asbestos exposure include:-

Mesothelioma: A rare, aggressive cancer affecting the lung lining.
Asbestosis: Scarring of lung tissue leading to breathing difficulties.
Lung Cancer: Caused by long-term asbestos exposure, especially among smokers.
Pleural Thickening: Thickening of the lung lining, causing chest pain and breathlessness.

The most chilling fact? Symptoms often take decades to appear. So, workers exposed in the 1980s may only be experiencing symptoms now, making prevention and compliance all the more critical.

Scope of the Control of Asbestos Regulations 2012

Who the Control of Asbestos Regulations 2012 Apply To

The Control of Asbestos regulations 2012 apply broadly to anyone with responsibilities for the maintenance and repair of non-domestic premises. This includes:-

Employers
Building owners
Facilities managers
Property managers
Contractors and tradespeople

Even if you’re a commercial tenant with maintenance responsibilities under your lease, the regulations will probably apply to you.

Buildings and Environments Affected

While private homes are generally exempt, the regulations cover all non-domestic premises, including:-

Schools and universities
Hospitals and care homes
Factories and warehouses
Offices and retail spaces
Public sector buildings
Industrial units
Common areas of domestic properties (such as blocks of flats)

Buildings constructed before 2000 are the most likely to contain asbestos. And if asbestos is found, the legal duty to manage it kicks in.

Duties and Responsibilities Under the Control of Asbestos Regulations 2012

The primary legal responsibility outlined in the 2012 Control of Asbestos regulations is the “duty to manage” asbestos in non-domestic premises, covered under Regulation 4; This includes:-

Identifying the presence and condition of ACMs (usually a survey)
Assessing the risk (also part of the survey)
Creating and maintaining an asbestos management plan (responsibility of the ‘duty holder’)
Informing anyone who may work on or disturb asbestos

The goal is to prevent accidental disturbance of ACMs and to ensure that everyone who might come into contact with them, knows what precautions to take.

Responsibilities of Employers and Building Owners

The responsibilities don’t end with identification. Employers and building owners must:-

Provide training to all staff who might encounter asbestos (asbestos awareness training)
Regularly inspect known or suspected ACMs
Clearly label (where appropriate and safe to) and record all asbestos locations
Restrict access to areas with high-risk ACMs
Hire licensed or appropriately trained contractors for any asbestos removal or repair work

Failing to meet these responsibilities is not just risky – it’s illegal.

Asbestos Risk Assessments

How to Conduct a Risk Assessment

A proper risk assessment is the cornerstone of any asbestos management strategy. The process includes but is not limited to the following:-

Identify all potential ACMs in the building. Usually through a ‘management asbestos survey’.
Assess the condition of each ACM and the likelihood of it being disturbed.
Evaluate exposure risks for workers, contractors, and visitors.
Record the findings and create an action plan.

This must be carried out by a competent person, typically an asbestos surveyor or qualified health and safety consultant and with the assistance of the duty holder.

When and How Often Risk Assessments Should Be Carried Out

You should perform a new risk assessment:-

Before any refurbishment or demolition work via a ‘refurbishment/ demolition asbestos survey.
When ACMs have been disturbed or damaged
Every 12 months as a minimum (more often if the risk dictates)

These assessments aren’t just a formality, they’re your first line of defence against serious health risks and potential legal issues.

Asbestos Management Plan Requirements

Once you’ve completed an asbestos risk assessment, the next legal step under the Control of Asbestos Regulations 2012 is to create a written Asbestos Management Plan (AMP). This is not just a document to tick a box—it’s your detailed strategy for controlling asbestos risks and protecting everyone who enters the premises.

An effective management plan should include:-

A register of known or presumed asbestos-containing materials (ACMs)
The condition and location of each ACM
Measures in place to control the risk of exposure
A schedule for monitoring the condition of ACMs
Roles and responsibilities of duty holders
Emergency procedures in case of accidental disturbance

The AMP should be clear, accessible, and regularly reviewed. It must be readily available to anyone who may need to see it, particularly maintenance workers and contractors.

Reviewing and Updating the Plan

Your asbestos management plan should be a ‘live document’. It must be reviewed at least annually, and whenever:-

There are significant changes to the building or its use
ACMs are disturbed, removed, or repaired
A new survey reveals additional asbestos risks

Failure to keep the plan current can result in exposure incidents and significant legal consequences. Many breaches stem not from negligence but from a lack of appropriate knowledge, training and poor follow-through. Don’t let that happen to your business!

Asbestos Surveys and Inspection Protocols

There are two primary types of asbestos surveys recognised by the HSE:-

Management Survey – This is the standard survey for identifying and managing asbestos during normal building occupation. It’s non-intrusive and helps develop your asbestos register and management plan.
Refurbishment/Demolition Survey – A much more intrusive survey, this is essential before any refurbishment or demolition work begins. It involves potentially disturbing the fabric of the building to locate hidden ACMs.

Each survey type serves a distinct purpose. Conducting the wrong survey at the wrong time is a common and dangerous mistake. Only a properly qualified asbestos professional should carry out these inspections.

Choosing a Licensed Asbestos Surveyor

When hiring someone to conduct an asbestos survey, you should always check that they are:-

Competent and experienced
Familiar with the latest HSE guidance
Able to provide detailed reports, including material and priority risk assessments
Comply with all relevant guidance and legislation
Appropriately insured

Around half the surveying companies in the UK are UKAS-accredited (United Kingdom Accreditation Service). However, this accreditation is on the company and NOT on the individual surveyors. Some of the most experienced and qualified surveyors in the UK are in None UKAS organisations. Don’t cut corners here. The quality of your survey can determine the effectiveness of your entire asbestos management plan. Do your homework first.

Training and Competency Under the Control of Asbestos Regulations 2012

Mandatory Training for Employees

Under Regulation 10 of the 2012 Control of Asbestos regulations, asbestos awareness training is mandatory for anyone who may come into contact (and those that supervise them) with asbestos during their work. This typically includes:-

Electricians
Plumbers
Maintenance workers
Construction workers
Demolition crews
Anyone else who works in buildings

Training must be provided before any work begins, and it must be tailored to the role of the employee. Any ‘work with’ an ACM should only be conducted by someone who has received a more specialist type of training.

Types of Training Required

There are three main categories of training under the law:-

For those who might encounter asbestos but do not intentionally disturb it.
Licensable Work Training – For high-risk work that must be carried out by a licensed contractor.

All training must cover:-

Asbestos types and uses
Health risks
Legal responsibilities
Safe working practices
Emergency procedures

Refresher training should be conducted regularly or when circumstances change (for awareness and annually for the rest), such as new risks or procedures. Remember, ignorance is not a legal defence. If your staff are exposed to asbestos without proper training, the legal and health consequences can be devastating.

Licensable and Non-Licensable Work

The Control of Asbestos Regulations 2012 split asbestos-related tasks into three categories:-

Licensed Work: High-risk activities like removal of sprayed coatings, pipe lagging, or work with insulation board AIB. These tasks must be done by contractors with a valid HSE license following approval by the HSE under an ASB5 notification process.
Notifiable Non-Licensed Work (NNLW): Lower risk products but still requires HSE notification (online). For example, removing significant quantities of asbestos cement sheets or artex type coatings.
Non-Licensed Work: Lower risk products such as controlled work with floor tiles, textured coatings etc.

This categorisation is vital. Misjudging the category of your task could land you in hot water with the HSE!

Notification and Reporting Obligations

For Licensed Work, employers must:-

Submit a written notification to the HSE at least 14 days before work begins (ASB5 form)
Maintain health records of employees
Provide medical surveillance for workers

For NNLW, employers must:-

Inform the relevant enforcing authority before work starts using an online form ASB NNLW1

Keep records for at least 40 years
Provide training and personal protective equipment (PPE)

Cutting corners on notifications is a surefire way to attract penalties. All communications with the HSE should be timely, accurate, and documented.

Disposal of Asbestos Waste

Disposing of asbestos waste is a highly regulated process, and it must be handled with extreme care. ACMs should be:

Double-bagged in approved polythene bags
Clearly labelled with hazard warnings
Kept secure to prevent fibre release
Transported in enclosed containers

Never mix asbestos waste with general construction waste. Doing so not only violates regulations but significantly increases the risk of contamination.

Licensed Waste Carriers and Sites

Only licensed waste carriers can legally transport asbestos waste to approved disposal facilities. These carriers must hold a waste carrier’s license issued by the Environment Agency.

You can check the legitimacy of a waste carrier through the Public Register of Waste Carriers. Always retain documentation of waste transfer and disposal. This includes:-

Waste Consignment Notes
Carrier details
Disposal site information

Improper disposal not only leads to legal penalties but could expose entire communities to toxic fibres.

Penalties and Legal Implications for Non-Compliance

Non-compliance with the Control of Asbestos Regulations 2012 is not taken lightly. The Health and Safety Executive (HSE) and local authorities have the power to enforce strict penalties. If you’re found to be in breach of these regulations, you could face:-

Unlimited fines
Imprisonment
Prohibition or improvement notices

The size of the fine often reflects the level of negligence, the size of company and the potential or actual harm caused. In many cases, courts have handed down large penalties to both large corporations and smaller contractors. What’s even more damning is the reputational damage – a company publicly prosecuted for asbestos breaches may lose clients, trust, and credibility overnight.

Ignorance of the law offers no protection. Whether the failure involves skipping a survey or improper waste disposal, each action (or lack of action) can be legally catastrophic.

Real-Life Cases of Breaches

To put the risks into perspective, here are a few real examples:-

A school in Wales was fined £100,000 for failing to properly manage asbestos discovered in a ceiling void, exposing staff and students.
A building contractor was fined £160,000 for allowing untrained workers to remove asbestos insulation board during a renovation.
An NHS Trust received a £225,000 fine for exposing maintenance workers to asbestos in hospital ducts.

These examples highlight that regulations are actively enforced, and the consequences of non-compliance can be severe, both legally and financially.

Role of the Health and Safety Executive (HSE)

How the HSE Enforces the Control of Asbestos Regulations 2012

The HSE is the primary regulator of workplace safety in the UK, and asbestos control is one of its top priorities. The HSE enforces the Control of Asbestos Regulations 2012 through a combination of:-

Proactive inspections
Investigation of complaints
Site audits and visits
Enforcement notices
Prosecutions

When HSE inspectors visit a site, they assess:-

Whether a risk assessment was carried out
The quality and content of the management plan
Whether workers received training
If ACMs are being disturbed without proper controls

Their powers are extensive – they can shut down sites, seize evidence, and interview staff under caution. And if they find evidence of gross negligence, they won’t hesitate to escalate the matter to the courts.

Accessing Support and Guidance from HSE

Beyond enforcement, the HSE also serves an educational role. They provide extensive free guidance documents, including:-

The Approved Code of Practice (ACOP)
Risk assessment templates
Survey checklists
Industry-specific advice

Their website (hse.gov.uk/asbestos) is a goldmine of information. You can also call the HSE infoline or attend HSE-approved training sessions and webinars. If you’re unsure about your responsibilities, reach out before a mistake is made, not after an inspector shows up!

Common Myths About Asbestos and the 2012 Regulations

There are a lot of dangerous myths floating around about asbestos. So,let’s clear some up:-

Myth #1: “If the building is clean and looks modern, there’s no asbestos.”
- False. Many renovated buildings still contain hidden ACMs behind walls or under floors.
Myth #2: “Only demolition work requires an asbestos check.”
- Wrong again. Any maintenance, drilling, or even cable installation could disturb ACMs.
Myth #3: “Asbestos only harms people after years of exposure.”
- While long-term exposure increases risk, even a single exposure to disturbed fibres can cause serious illness.
Myth #4: “Asbestos is banned, so there’s nothing to worry about.”
- While new use is banned, existing asbestos in older buildings remains a threat.

Believing these myths can lead to costly oversights. Understanding the facts is the first step in staying compliant and keeping people safe.

Facts Every Employer Should Know

Asbestos still kills over 5,000 people every year in the UK.
Around 50% or more of all UK homes and 70% or more of non-domestic buildings contain asbestos.
The duty to manage asbestos is ongoing – it doesn’t end with a one-time inspection.
Accidental exposure is preventable, but only if you have the right procedures in place.

Don’t leave asbestos management to chance. Knowing the facts helps prevent fatalities, fines, and future regrets.

How to Stay Updated With Changes to Asbestos Regulations

Regulations evolve. Guidance is updated. And best practices shift with new scientific data. That’s why it’s essential to stay informed. The best way? Subscribe to HSE email alerts and newsletters

They cover:-

Legal amendments
Changes to licensing requirements
Updates to ACOP and technical guides
Training opportunities

You can sign up on the HSE website. It’s free and could save you from an accidental compliance breach.

Regular Training and Audit Reviews

Keeping your team compliant isn’t a one-time thing. Best practice includes:-

Annual asbestos training refreshers
Quarterly or biannual internal audits
Pre planning works carefully
Using accredited organisations or experienced consultants to perform third-party checks
Auditing and Reviewing staff and contractors

Make it part of your company’s standard operating procedures (SOPs) to conduct regular reviews. That way, you catch problems before the HSE does.

Conclusion: Control of Asbestos Regulations 2012

The Control of Asbestos Regulations 2012 exists for one reason: to save lives. This isn’t red tape – it’s a framework designed to protect workers, contractors, and the public from a deadly material that’s still lurking in many UK buildings.

To recap:-

Conduct proper asbestos surveys and risk assessments.
Keep a detailed and current management plan.
Provide training tailored to each employee’s role.
Know the difference between licensable and non-licensable work.
Dispose of asbestos waste correctly.
Understand your legal duties as a building owner or employer.

Long-Term Benefits of Compliance

Sure, compliance requires effort. But the payoff is massive:-

A safer workplace
Reduced legal and financial risks
Stronger employee trust
Better public image
Peace of mind

When asbestos is managed properly, you can focus on your business and not fear your next HSE visit.

FAQs – Control of Asbestos Regulations 2012

Q1: What is the Control of Asbestos Regulations 2012?

It’s UK legislation that outlines the ‘duty to manage’ asbestos in non-domestic buildings. It sets out duties for risk assessment, management planning, training, and disposal.

Q2: Who is legally responsible for asbestos management?

Typically, the “duty holder” is the building owner, landlord, or anyone responsible for maintenance and repair of non-domestic premises.

Q3: Is asbestos still used in construction today?

No. Asbestos has been banned in the UK since November 1999. However, it still exists in many buildings constructed before then.

Q4: How often should asbestos surveys be conducted?

At least once initially and then reviewed every 12 months if asbestos is present for ongoing management. A new survey is required before any refurbishment or demolition work.

Q5: What happens if I don’t comply with the Control of Asbestos regulations 2012?

You risk unlimited fines, criminal prosecution, and potential imprisonment. You also expose workers to life-threatening illnesses.

Need professional advice?

We hope that you found our latest blog article on the Control of Asbestos Regulations 2012 both interesting and informative. If you need any help or advice in regards to asbestos in your property then we’ll be very happy to assist you. Give us a call and our experts will give you some advice and guidance on whatever if is you’re concerned about.

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