The Control of Asbestos Regulations 2012 is the primary UK law governing all asbestos work. This guide explains what it requires, who it applies to, the three categories of asbestos work, and what it means in practice for property owners, employers, and contractors.
What is CAR 2012?
The Control of Asbestos Regulations 2012 (SI 2012/632) is the primary piece of UK legislation governing the management, handling, and removal of asbestos. It applies to all work with asbestos-containing materials (ACMs) in England, Scotland, and Wales, and implements the requirements of EU Directive 2009/148/EC on the protection of workers from risks related to asbestos.
CAR 2012 replaced the Control of Asbestos Regulations 2006 and the earlier 2002 regulations. The 2012 version introduced the three-tier classification of asbestos work (licensed, NNLW, and non-licensed) that remains in force today. It also strengthened the duty to manage asbestos in non-domestic premises under Regulation 4.
The regulations are enforced by the Health and Safety Executive (HSE) for most workplaces, and by local authorities for certain premises (offices, shops, and leisure facilities). Breaches can result in improvement notices, prohibition notices, prosecution, and unlimited fines. In serious cases, directors and managers can face personal prosecution.
CAR 2012 applies to all employers, self-employed persons, and — through Regulation 4 — to the owners and managers of non-domestic premises. It does not apply to homeowners carrying out DIY work in their own homes, but the Environmental Protection Act 1990 and the Hazardous Waste Regulations 2005 still apply to the disposal of asbestos waste from domestic properties.
The three categories of asbestos work
CAR 2012 classifies asbestos work into three categories based on the risk of fibre release. The category determines what training, notification, and licensing is required. Understanding which category your work falls into is the first step in compliance.
Requires: HSE licence + notification + health surveillance + designated supervisor
Materials typically in this category:
Examples of work in this category:
Removing sprayed coating from steel beams; stripping lagging from boiler pipes; removing AIB ceiling tiles that are damaged or delaminating
Requires: Notification to enforcing authority + health surveillance + UKATA training + RPE
Materials typically in this category:
Examples of work in this category:
Short-duration work on AIB in good condition; removal of large areas of damaged Artex; work that generates moderate fibre levels but does not meet the licensed threshold
Requires: UKATA training + appropriate RPE + licensed waste disposal
Materials typically in this category:
Examples of work in this category:
Garage roof removal; Artex ceiling removal; floor tile removal; soffit replacement; water tank removal
Important: The category of work depends not just on the material type but on its condition, the method of removal, and the likely fibre release. A risk assessment must be carried out before any asbestos work begins. The HSE's guidance on deciding whether work requires a licence provides detailed decision criteria. Diamond Asbestos carries out non-licensed work only. Where we identify licensed or NNLW materials during a survey, we refer to an HSE-licensed contractor.
Regulation 4
Regulation 4 of CAR 2012 is the most significant provision for property owners and managers. It places a legal duty on the person responsible for non-domestic premises — the "dutyholder" — to manage asbestos in those premises.
The dutyholder is typically the building owner, the employer, or the person in control of the premises under a tenancy or management agreement. In practice, this means commercial landlords, facilities managers, school governors, housing association managers, and anyone responsible for a non-domestic building built before the year 2000.
The duty to manage does not require the immediate removal of all asbestos. It requires that asbestos is identified, its condition assessed, and a management plan put in place to ensure it does not present a risk to those who work in or use the building.
Domestic properties are exempt from Regulation 4
The duty to manage applies only to non-domestic premises. Homeowners are not legally required to have an asbestos register. However, they are still subject to the disposal requirements and must use trained contractors for removal work.
Source: HSE guidance on managing asbestos and CAR 2012 Regulation 4
Training requirements
Operatives must have received adequate information, instruction, and training. In practice, this means UKATA-accredited training (Category A, B, or C depending on the work). Refresher training is required every three years.
In addition to UKATA training, operatives must be subject to health surveillance by an appointed doctor, and the work must be notified to the relevant enforcing authority (HSE or local authority) before it begins. Records must be kept for 40 years.
The employer must hold a current HSE asbestos licence. Work must be notified at least 14 days in advance. A designated supervisor must be present. Operatives must have health surveillance and UKATA training. Air monitoring is required.
Asbestos waste disposal
Asbestos waste is classified as hazardous waste under the Hazardous Waste Regulations 2005 and must be disposed of at a licensed hazardous waste site. The requirements are:
Diamond Asbestos handles all waste disposal as part of every job. You receive the consignment note confirming legal disposal before we leave site. See our asbestos waste collection and disposal page for more detail.
Enforcement and penalties
The HSE enforces CAR 2012 through a range of powers. Inspectors can issue improvement notices (requiring compliance within a set period), prohibition notices (stopping work immediately), and can prosecute employers and individuals in the criminal courts.
We carry out non-licensed asbestos work across London — and we advise honestly on whether your job falls into the non-licensed, NNLW, or licensed category. Free survey, no obligation.