Practical Guide
The Control of Asbestos Regulations 2012, Explained
CAR 2012 is the law that governs asbestos in buildings and asbestos work across Great Britain, Scotland included. Here is who it applies to, what the duty to manage asbestos asks of you, and how the key regulations fit together — in plain English.
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The short answer
The Control of Asbestos Regulations 2012 (CAR 2012) govern asbestos across Great Britain, including Scotland. They make whoever is responsible for a non-domestic building manage the asbestos in it, require asbestos to be identified before building work, set training and control standards, and decide which work needs an HSE licence.
Who It Applies To
Who do the Control of Asbestos Regulations apply to?
More people than most realise. CAR 2012 applies to employers and the self-employed whose work could expose anyone to asbestos — which takes in every builder, electrician, plumber, joiner and maintenance contractor working on pre-2000 buildings, not just asbestos specialists.
It also applies to dutyholders: anyone who has responsibility, by ownership, lease or contract, for maintaining or repairing non-domestic premises. That covers offices, shops, factories, schools, hospitals and churches, and the common parts of domestic buildings — the closes, stairwells, roof spaces, plant rooms and shared services of blocks of flats.
A homeowner doing work on their own private house isn't a dutyholder under Regulation 4, but the moment they employ a tradesperson, that tradesperson's duties apply in full — and asbestos waste is controlled by separate waste law whoever produces it.
Regulation 4
The duty to manage asbestos
Regulation 4 is the part most dutyholders need to know. It doesn't require asbestos to be removed. It requires you to know where it is, keep it in good condition, and make sure nobody disturbs it by accident. In practice that means:
- Find out whether asbestos is present — usually by a management survey
- Presume materials contain asbestos unless there is strong evidence otherwise
- Record location and condition in an asbestos register
- Assess the risk of anyone being exposed
- Write and put in place a plan to manage that risk
- Give the information to anyone who may work on or disturb it
- Review and monitor the plan and the register regularly
- Co-operate with others who share responsibility for the building
The Key Regulations
What each part of CAR 2012 requires
Not every regulation matters to every reader — a handful do most of the work for building owners and contractors. HSE's Approved Code of Practice, L143 Managing and working with asbestos, explains how to comply, and HSG264 sets out how surveys should be carried out.
| Regulation | Subject | What it requires |
|---|---|---|
| Reg 4 | Duty to manage | Find, record, assess and manage asbestos in non-domestic premises |
| Reg 5 | Identification before work | Find out if asbestos is present before any work that could disturb it |
| Reg 6 | Risk assessment | Assess the risk of exposure before starting asbestos work |
| Reg 7 | Plan of work | A written plan setting out how the work will be done safely |
| Reg 8 | Licensing | Licensable work only by employers holding an HSE licence |
| Reg 9 | Notification | 14 days' notice to the enforcing authority for licensable work |
| Reg 10 | Training | Information, instruction and training for anyone liable to be exposed |
| Reg 11 | Prevent or reduce exposure | Keep exposure as low as reasonably practicable, below the control limit |
| Reg 22 | Health records | Records and medical surveillance for licensed work and NNLW |
Licensing
Licensed, notifiable and non-licensed work
Regulation 8 says licensable work — sprayed coatings, pipe and boiler lagging, most asbestos insulating board — may only be done by an employer holding a licence from HSE. Regulation 9 adds 14 days' notice to the enforcing authority before that work starts. Everything else is either notifiable non-licensed work (NNLW), which must be notified, recorded and backed by health surveillance, or non-licensed work, which still needs trained people and controlled methods. Asbestos Removal Environmental works in the second and third categories only; we are not an HSE licensed contractor.
Our licensed vs non-licensed asbestos work guide goes through the three categories material by material.
Controls And Limits
Exposure, the control limit and clean-up
The control limit for asbestos is 0.1 fibres per cubic centimetre of air, averaged over four hours — but it is a ceiling, not a target. The duty is to keep exposure as low as reasonably practicable, which is why every competent asbestos job uses wet methods, hand tools, controlled work areas and Class H vacuums rather than relying on masks alone.
Further regulations cover protective equipment, preventing the spread of asbestos beyond the work area, air monitoring and clearance certification for licensed work, washing and changing facilities, and the labelling and packaging of asbestos waste.
In Scotland
How CAR 2012 is enforced in Scotland
CAR 2012 applies in Scotland exactly as it does in England and Wales; there is no separate Scottish asbestos regulation. Inspection is carried out by HSE or, for premises such as shops, offices and hotels, by the local council's environmental health officers.
The difference is prosecution. In Scotland, cases are taken by the Crown Office and Procurator Fiscal Service rather than by HSE directly. Breaches can lead to improvement and prohibition notices, unlimited fines and, for the most serious offences, imprisonment.
For non-domestic premises in Glasgow, our asbestos management plans service sets up the register, risk assessment and plan Regulation 4 asks for.
Reviewed by Quinton Davidson, founder of Asbestos Removal Environmental, with 30+ years' hands-on industry experience.
Sources
- The Control of Asbestos Regulations 2012 — legislation.gov.uk
- Control of Asbestos Regulations 2012, regulation 4: duty to manage — legislation.gov.uk
- Control of Asbestos Regulations 2012, regulation 8: licensing of work — legislation.gov.uk
- L143 Managing and working with asbestos (Approved Code of Practice) — HSE
- Notifiable non-licensed work (NNLW) — HSE
Common Questions
FAQs
Who does the Control of Asbestos Regulations apply to?
Employers and self-employed people whose work could disturb asbestos — including general builders and maintenance trades — and anyone responsible for maintaining or repairing non-domestic premises or the common parts of domestic ones. Homeowners working on their own private house aren't dutyholders under Regulation 4, but anyone they hire is bound by the regulations.
What is the duty to manage asbestos?
Regulation 4 of CAR 2012. It requires the dutyholder for non-domestic premises to find out whether asbestos is present, presume it is if unsure, record it in a register, assess the risk, put a written management plan in place, share the information with anyone who might disturb it, and keep it all under review.
Do the Control of Asbestos Regulations 2012 apply in Scotland?
Yes. CAR 2012 covers the whole of Great Britain. Scotland has no separate asbestos regulation; the main local difference is that prosecutions are brought by the Crown Office and Procurator Fiscal Service.
Does CAR 2012 apply to homeowners?
Not to the duty to manage — that applies to non-domestic premises and the common parts of domestic buildings. But anyone a homeowner hires to work on the house is bound by CAR 2012, and asbestos waste from a home is still controlled as special waste in Scotland.
What is L143?
L143, Managing and working with asbestos, is HSE's Approved Code of Practice for CAR 2012. It explains how to comply with each regulation in practical terms, and following it is the standard against which compliance is judged.
How often should an asbestos register be reviewed?
Regulation 4 requires the plan and register to be reviewed and monitored regularly; in practice that means at least once a year, and whenever the building changes or a material is disturbed or damaged.