Asbestos regulations.
CAR 2012, explained.

The framework

UK asbestos work is principally regulated by the Control of Asbestos Regulations 2012, supported by the HSE Approved Code of Practice L143 (Managing and working with asbestos), and the HSE document HSG264 (Asbestos: The survey guide). All three are publicly available on the HSE website.

These regulations apply across England, Scotland and Wales. Northern Ireland has parallel regulations of substantially the same effect.

The duty to manage (Regulation 4)

The duty to manage asbestos in non-domestic premises is the cornerstone of CAR 2012. It applies to whoever has 'control' of the premises — typically the owner, landlord, managing agent or employer.

The duty-holder must:

• Take reasonable steps to find any asbestos and assess its condition
• Presume materials contain asbestos unless evidence shows they don't
• Make and keep an up-to-date written record (the asbestos register)
• Assess the risk and prepare a written management plan
• Review the plan regularly and whenever circumstances change
• Provide the information to anyone liable to disturb the asbestos

Licensed work, non-licensed work, NNLW

CAR 2012 distinguishes three categories of asbestos work based on the risk of fibre release:

Licensed work — higher-risk materials such as sprayed coatings, pipe insulation and most AIB. Must be done by an HSE-licensed contractor and notified to the HSE 14 days in advance. Air-clearance certificate required.

Notifiable non-licensed work (NNLW) — moderate-risk work, e.g. larger-scale Artex removal, where notification, medicals and record-keeping are required but a full licence is not.

Non-licensed work — lowest-risk work, e.g. asbestos cement sheet removal, where competent trained operatives can carry out the work without notification, provided proper controls are used.

Surveys

Two HSG264-compliant survey types exist:

• Management Survey — to locate and record asbestos so it can be managed in place. Used to discharge the Regulation 4 duty.
• Refurbishment & Demolition Survey — more intrusive, used before any works that might disturb asbestos. Must be carried out before any significant refurbishment or demolition.

Disposal

Asbestos waste is classified as hazardous waste under the Hazardous Waste (England and Wales) Regulations 2005. It must be:

• Double-bagged in UN-approved packaging
• Transported by an Environment Agency registered waste carrier
• Delivered to an authorised hazardous-waste facility
• Accompanied by a hazardous-waste consignment note
• Records of disposal kept for at least three years

Penalties

Breaches of CAR 2012 are criminal offences. Penalties can include unlimited fines and, for the most serious offences, prison sentences. Beyond the criminal liability, civil claims for asbestos-related disease can arise decades after the breach — long after most contractors have moved on or ceased trading.

If you're a duty-holder, the cost of compliance is small. The cost of non-compliance can be enormous.