Proposed Changes to the Control of Asbestos Regulations 2012

Asbestos is a risk that never really went away for social housing. With so much of the housing stock built or refurbished before 2000, asbestos-containing materials are still a fact of life, hidden in walls, ceilings, floor tiles, risers, garages, and outbuildings.

Most of the time, asbestos is managed safely and can be left where it is. The real risk comes when it is disturbed during a repair, a void turnaround, planned works, or a retrofit project. That is when people can be exposed, sometimes unintentionally.

Against this backdrop, the Health and Safety Executive (HSE) has launched a consultation on proposed changes to the Control of Asbestos Regulations 2012 (CAR 2012) and its supporting guidance. For social housing providers, these proposals are not abstract or theoretical, they apply directly to how we manage homes, contractors, and resident safety every day.

This blog explores what the proposals mean in practice for social housing providers, from greater independence in asbestos clearance, to improved survey quality and clearer guidance on notifiable non-licensed work, and what organisations should be doing now to prepare.

Why this matters for social housing

Social landlords have a clear legal duty to manage asbestos risks in non-domestic areas, and a wider duty of care to protect residents, staff, and contractors across occupied homes. In reality, asbestos risks arise most often during everyday housing activity, such as:

• Responsive repairs and void works.
• Planned maintenance programmes.
• Retrofit and decarbonisation projects.
• Fire safety works and wider building remediation.

The HSE’s proposals are aimed at tightening controls in exactly these situations, where asbestos is most likely to be disturbed. The proposals will make sure the regulations work better in real-world environments like social housing.

What are the proposed changes and what could they mean in practice?

Greater independence in asbestos clearance 

One of the most significant proposals is that the analyst carrying out the four-stage clearance after licensed asbestos removal would need to be appointed independently of the removal contractor.

This could mean that you will need to rethink how asbestos services are procured and managed. It may involve reviewing existing frameworks, clearly separating removal and analytical services, and adjusting contract arrangements.

While this may introduce some extra complexity, it also provides stronger assurance, and greater confidence that a home is genuinely safe before a resident returns after major works have been completed. 

Improving the quality and use of asbestos surveys 

The consultation also places a strong focus on asbestos surveys. This will resonate with many housing providers, where survey information often underpins decisions across thousands of properties.

The proposed guidance aims to help dutyholders:

• Commission the right type of survey for the work being planned.
• Better understand the limitations of surveys.
• Make sure the information is clear and usable for people on site.

Good asbestos data is not just a compliance issue, it is fundamental to keeping operatives safe and avoiding nasty surprises once work starts.

Clearer guidance on Notifiable Non-Licensed Work 

Many day-to-day housing repairs sit in the grey area of Notifiable Non-Licensed Work (NNLW), such as minor works on textured coatings or asbestos cement products.

Clearer definitions and guidance would help landlords and contractors better understand when notification is required, reduce accidental non-compliance, and strengthen assurance and auditing arrangements. This is particularly important where multiple contractors are working across large, dispersed housing portfolios.

What you should be doing now

Engage with the consultation

The HSE's consultation is open until 9th January 2026. Social landlords, ALMOs, and housing associations are encouraged to respond and reflect the realities of managing asbestos in occupied homes, not just idealised processes. Information regarding the consultation can be found here.

Take stock of current arrangements

Use this time as an opportunity to pause and ask some honest questions:

• Are our asbestos surveys good enough for the work we are doing?
• Is critical information getting to the people carrying out the work?
• Are clearance and analytical arrangements truly independent and robust?

Prepare for what comes next 

With increasing investment in retrofit, regeneration and building safety, asbestos management is only going to become more critical. Aligning policies, procedures, and procurement with the direction of travel now will reduce disruption later. 

Asbestos may be a legacy issue, but in social housing it remains a live, complex, and high-risk challenge. The proposed changes to CAR 2012 send a clear message from the HSE:

• Better information.
• Clearer responsibilities.
• Stronger safeguards in people’s homes.

Engaging early with these proposals is not just about staying compliant, it is about protecting residents, workers, and organisations for the long term.

If you're looking for support understanding these proposed changes or need help carrying out Asbestos Surveys, reach out to get in touch with our experts who can help.