What is the consultation outcome?
HSE’s consultation ran from 10 November 2025 to 9 January 2026. On 24 September 2026, its official page still said HSE would publish a summary after considering responses; it did not display one. The latest available revised CAR 2012 text on legislation.gov.uk shows no known outstanding effects. The consultation therefore has not, on the evidence checked, changed the law.
What is the verified status on 24 September 2026?
The official HSE consultation record confirms that the exercise is closed, not that its proposals have taken effect. It closed on 9 January 2026 and says HSE will analyse responses, may refine proposals, and that any legislative changes need wider Government agreement before coming into force. When checked on 24 September 2026, the same page did not show HSE’s promised summary of responses or a final decision. HSE’s consultation record is the primary source for that status.
The current legal baseline remains the latest available revised Control of Asbestos Regulations 2012, which is marked as having no known outstanding effects. This is why a consultation proposal, a trade-body view, an advocacy campaign or a taskforce recommendation must not be described as current law. For the existing framework, see our CAR 2012 regulations guide.
- Verified: the consultation opened on 10 November 2025 and closed on 9 January 2026.
- Verified: HSE said it would publish a response summary after analysing submissions.
- Not verified as published on 24 September: an HSE response summary, final decision, commencement date or new CAR 2012 amendment arising from this consultation.
A careful reading of the word outcome
The consultation has an administrative outcome in that it is closed. That is different from a published policy decision or a legal change. This page will need updating as soon as HSE issues a response, revised guidance or a legislative instrument.
What should be monitored next?
The next authoritative update could take more than one form: an HSE summary of responses, revised HSE guidance, a Government announcement, or an amending statutory instrument. These carry different weight. A response summary explains how HSE has considered views; guidance can help readers apply existing duties; an amending instrument is the route that changes the regulations. Until an official source sets out a change and, where relevant, a commencement date, existing CAR 2012 duties and HSE guidance remain the correct reference point.
For contracts or maintenance plans, record the source and date checked rather than writing a consultation proposal into a method statement as a requirement. This preserves a clear audit trail and avoids creating an obligation that has not been made law. It is also sensible to revisit the work category if the proposed task, material information or condition changes, because the current classification is risk-based.
- Watch the HSE consultation page for a response summary or formal update.
- Check legislation.gov.uk for an amending instrument and its commencement provisions.
- Use the current HSE guidance when deciding what information, survey or competent contractor is needed now.
What did HSE consult on?
HSE consulted on one regulatory proposal and two non-regulatory proposals. The distinction matters: a regulatory proposal would need a legal route before it could become binding, while guidance and other interventions can clarify expectations without amending CAR 2012. The following summary is drawn from the official consultation document, not from industry commentary.
| Consultation area | What HSE proposed to explore | Status on 24 September 2026 |
|---|---|---|
| Four-stage clearance | A regulatory amendment and related guidance to support independence and impartiality of roles in the four-stage clearance process after asbestos removal. | Proposal only; no published consultation outcome or new CAR 2012 rule was identified. |
| Asbestos surveys | Improved guidance and other interventions to help dutyholders understand survey quality and commission a competent surveyor or organisation. | Non-regulatory proposal; it did not itself create mandatory accreditation for all surveyors. |
| NNLW | Clearer guidance and other interventions on what counts as Notifiable Non-Licensed Work. | Non-regulatory proposal; NNLW remains a current category in HSE guidance. |
Four-stage clearance is not a universal removal requirement
The consultation concerned roles in the four-stage clearance process after relevant asbestos removal. It should not be read as meaning that four-stage clearance, air testing or an independent analyst is required after every type of non-licensed asbestos work.
What remains in force for dutyholders and homeowners?
The consultation did not pause or replace existing duties. HSE says Regulation 4 is the main duty to manage asbestos in non-domestic premises and the common parts of multi-occupancy domestic premises: dutyholders must identify asbestos, assess and manage the risk, and give relevant information to people who could disturb it. Its current legislation overview explains that the Regulation 4 duty to manage does not apply in people’s homes; different duties can apply where work is being carried out, so homeowners should not treat this page as legal advice or a work method.
For dutyholders, the practical position is unchanged: keep asbestos information and management arrangements under review, and make sure a contractor receives the information before work that could disturb asbestos. HSE’s duty-to-manage guidance remains the right starting point; our duty to manage asbestos guide explains the site pathway in plain English.
- Do not delay existing asbestos-management actions while waiting for a consultation response.
- Before refurbishment or demolition, use the survey type and scope that fit the planned work; HSE says a refurbishment or demolition survey can involve destructive inspection and must be carried out by a competent surveyor.
- Treat inaccessible areas and survey limitations seriously; HSE warns that restrictions can undermine a survey and may leave areas to be presumed to contain asbestos until inspected.
Survey quality is already a live dutyholder issue
HSE strongly recommends accredited asbestos surveying organisations and says the dutyholder should be satisfied that the surveyor is technically competent and has adequate resources. The consultation proposal about better guidance does not remove that present responsibility. See our asbestos survey types guide for the difference between management and refurbishment or demolition surveys.
How do clearance, surveys and NNLW differ?
These three topics appeared together in the consultation but answer different questions. Keeping them separate helps prevent a common compliance error: assuming that a proposed improvement to guidance has already changed the work category or clearance requirement. HSE’s current non-licensed work guidance continues to distinguish non-licensed work, NNLW and licensable work by risk, including the material, condition and planned method.
| Topic | Current point to check | What the consultation did not do |
|---|---|---|
| Four-stage clearance | Check the applicable current requirements for the work and project; it is associated with relevant licensed asbestos removal arrangements. | It did not make a new analyst-appointment rule law on its own. |
| Survey commissioning | Check competence, scope, access, report limitations and whether the survey fits normal occupation or planned refurbishment/demolition. | It did not make every surveyor UKAS accredited by itself. |
| NNLW classification | Assess the proposed task, asbestos type, condition and likely disturbance against current HSE guidance; some non-licensed work has notification, medical-surveillance and record-keeping duties. | It did not abolish NNLW or automatically reclassify all work. |
Current work categories still govern the decision
HSE says higher-risk work must be done by an HSE-licensed contractor, while some lower-risk work can be non-licensed and some non-licensed work is notifiable. The correct category cannot be confirmed from appearance alone or from a simplified material list; it depends on the risk assessment, material, condition and work method.
What later HSE activity is separate from this consultation?
In August 2026, HSE announced a statutory review of CAR 2012 using evidence collected during the recent consultation, while stressing that the review was separate from it. The two associated surveys sought views about identifying asbestos before work and the experience of asbestos surveyors; HSE said they closed on 16 September 2026. That separate statutory-review notice is evidence of continuing information-gathering, not a published outcome of the November 2025 to January 2026 consultation.
HSE also published a May 2026 policy position on Great Britain’s asbestos control limit. That statement described HSE’s view on the control limit and future evidence monitoring; it was not an amendment to CAR 2012 or a response to this targeted consultation. Where a status claim matters to a project, check the current legislation and HSE guidance rather than relying on a dated news article.
- Consultation: a request for views on targeted regulatory and guidance proposals.
- Statutory review: a separate evidence-gathering exercise about how CAR 2012 works in practice.
- Policy statement: HSE’s published position on a specific issue; it is not, by itself, legislation.
How Diamond applies the current position
Diamond Asbestos Services handles non-licensed asbestos work. Where the material or conditions may make work licensable, including higher-risk asbestos insulation board, sprayed coatings or pipe lagging, the category depends on the material, condition and work method and Diamond refers the work to an HSE-licensed asbestos contractor. This is a scope and safety decision, not a claim that all work with those materials is always licensable.
If a suspect material needs confirmation, visual inspection cannot confirm asbestos; laboratory analysis is needed. Diamond may use analysis by a UKAS-accredited laboratory where samples are tested, but Diamond itself is not described as UKAS accredited. Read more about Diamond’s scope, training context and referral policy, or compare the current licensed and non-licensed asbestos work categories before arranging work.
Our update rule
This page reports the official status checked on 24 September 2026. Diamond will revise it when HSE publishes a response, new guidance or a legal instrument that changes the current position.
Common questions
Frequently asked questions
Not on the official evidence checked on 24 September 2026. HSE’s consultation page records that the exercise closed on 9 January and says a response summary will be published after analysis. The latest available revised CAR 2012 record shows no known outstanding effects. A proposal in a consultation is not a legal change.
Sources and further reading
- 1. Health and Safety Executive. Legislative and guidance proposals for the Control of Asbestos Regulations 2012 Accessed 24 September 2026.
- 2. The National Archives. The Control of Asbestos Regulations 2012 Accessed 24 September 2026.
- 3. Health and Safety Executive. Introduction to asbestos safety: Relevant legislation Accessed 24 September 2026.
- 4. Health and Safety Executive. The duty to manage asbestos in buildings: Arrange an asbestos survey Accessed 24 September 2026.
- 5. Health and Safety Executive. Non-licensed work with asbestos Accessed 24 September 2026.
- 6. Health and Safety Executive. Review of Control of Asbestos Regulations 2012: surveys Accessed 24 September 2026.
- 7. Health and Safety Executive. HSE’s policy position on Great Britain’s asbestos control limit Accessed 24 September 2026.