New law on asbestos management: what property owners and removal contractors need to know before November 2027

For years, the Health and Safety Executive (HSE) has stated that it is desirable for asbestos removal and clearance certification to be carried out by separate entities. From 25 November 2027, that gold standard becomes law.

The HSE is also turning its attention to asbestos surveys and notifiable non-licensed work.

In this article, we explain what is changing, who it affects and what to do now.

The current framework in brief

The Control of Asbestos Regulations 2012 (CAR 2012) impose a duty to manage asbestos in buildings in the United Kingdom. This falls on anyone who, under a lease or contract, is responsible for maintaining or repairing non-domestic premises or, where no such arrangement exists, whoever owns or controls those premises.

Landlords, tenants, managing agents and facilities providers can all be dutyholders, sharing the duty according to their repairing obligations. Dutyholders must assess whether asbestos is present, keep a written management plan, review it and make sure that anyone liable to encounter asbestos-containing materials knows their location.

Employers, usually independent contractors appointed by the dutyholder, carrying out work on asbestos are subject to separate rules on licensing, notification, training and health surveillance, with the riskiest work reserved for HSE-licensed contractors. When licensed asbestos work is finished, an accredited analyst carries out a four-stage clearance before the area is certified fit to be reoccupied.

The key change: who appoints the clearance analyst

From 25 November 2027, under the Control of Asbestos (Amendment etc.) Regulations 2026, the employer responsible for cleaning the work area after asbestos removal, in practice the removal contractor, will no longer be allowed to appoint the analyst who assesses whether that area is clean and safe to reoccupy. Whoever does appoint the analyst must ensure the analyst holds the required accreditation.

The change follows an HSE consultation in late 2025. HSE notification data had shown that removal contractors currently engage the analyst on just over half of licensed jobs. The original guidance mentioned conflicts of interest. Consultation respondents described analysts coming under commercial pressure to pass areas quickly.

The clearance certificate is the last safeguard before people return to a space, and the new law will ensure that judgment is made by someone with no commercial stake in the outcome.

There is a 12-month lead-in, during which HSE will revise its Approved Code of Practice and Analysts’ Guide.

Who is affected and what should they do?

For property owners, landlords, tenants and managing agents, the appointment of the asbestos analyst who will issue the clearance certificate will likely fall on their shoulders. That means deciding who in an organisation, or under leases and facilities contracts, will procure analysts, check their accreditation, budget for a separate appointment and allow realistic time for clearance in project programmes.

Keeping an eye on refreshed HSE guidance in the run-up to 25 November 2027 will be vital.  Management plans, procurement procedures and framework agreements should be updated well before the changes come into force.

For licensed removal contractors, the familiar ‘one-stop shop’ model of removal and clearance certification under a single engagement will no longer be available. Standard terms, tender documents, programme assumptions and delay provisions all need reviewing, and long-running contracts may need to be varied.

Asbestos analysis firms will need to adjust to contracting directly with clients, refreshing their contract paperwork and terms as necessary.

Asbestos surveys and notifiable non-licensed work

Poor-quality surveys were raised in the HSE’s consultation, with many respondents regarding them as the biggest weakness in the system. A defective survey can leave a dutyholder exposed if asbestos-containing material is later disturbed.

Nevertheless, the HSE decided not to make accreditation compulsory for asbestos surveyors. The HSE still strongly recommends that dutyholders appoint only accredited organisations and is preparing guidance to help dutyholders commission and act on surveys properly.

The notifiable non-licensed work category will remain, with clearer guidance to follow, particularly on when work with asbestos insulation and insulating board becomes licensable. Contractors should expect scrutiny of how they classify work.

Why specialist advice matters

If you own, occupy or manage non-domestic property, or if you carry out asbestos removal or analytical work, review your arrangements ahead of the changes.

Although the amendment is short, its effects reach into leases, facilities management contracts, construction programmes and insurance. The division of responsibility between several dutyholders is rarely clear-cut and is often misunderstood, increasing the risk of important responsibilities being overlooked. Breaches of CAR 2012 can lead to HSE enforcement notices and criminal prosecution.

Dutyholders and asbestos contractors should consider CAR 2012 compliance, role and risk allocation under contracts and leases, and the potential for HSE investigations and enforcement.