Introduction
Asbestos may have been banned in the UK in 1999, but it continues to shape today’s regulatory landscape — especially for employers, dutyholders, and those responsible for managing non-domestic buildings.
In late 2025, the Health & Safety Executive (HSE) launched a major consultation that could significantly reshape how asbestos is surveyed, managed, and removed across the UK.
In this article, we break down the key regulatory updates, recent legal rulings, and industry trends that organisations should be aware of as we move into 2026.
1. HSE Launches Consultation to Strengthen the Control of Asbestos Regulations
In November 2025, the HSE announced a wide-reaching consultation aimed at updating and strengthening the Control of Asbestos Regulations 2012 (CAR 2012). The consultation reflects ongoing concerns about survey quality, legacy documentation, and the consistency of asbestos management across UK workplaces.
The proposed changes focus on:
✔ Improving the independence and rigour of the four-stage clearance process
Ensuring that analysts involved in clearance testing and issuing Certificates of Reoccupation are demonstrably independent, minimising the risk of commercial influence.
✔ Enhancing asbestos survey standards
Clearer standards for survey methodology, reporting, and competence, ensuring dutyholders receive reliable, high-quality information before any construction or refurbishment works.
✔ Providing clearer definitions around Notifiable Non-Licensed Work (NNLW)
Updated definitions aim to reduce ambiguity around notification requirements and ensure safer planning of asbestos-related tasks.
Consultation deadline: 9 January 2026
This is a key opportunity for professionals in surveying, construction, facilities management, and compliance to help shape the future of asbestos regulation.
2. Industry Experts Warn of Stricter Expectations
Legal and construction bodies are already preparing employers for a likely tightening of compliance obligations once the consultation concludes.
Organisations may need to review:
- Existing asbestos management plans
- The quality and recency of asbestos surveys
- Competence and training records
- Licence status of contractors and subcontractors
- Documentation quality for reinspection and refurbishment projects
Even before any official changes are implemented, the message is clear: now is the time to strengthen asbestos controls.
3. Major 2025 Legal Case Reinforces Employer Liability
A landmark ruling by the UK Supreme Court in late 2025 confirmed the ability of asbestos victims’ families to claim additional damages from ScottishPower, even after an initial settlement.
Why this matters for employers and insurers
- Asbestos exposure liabilities can resurface decades after exposure
- Organisations with historic operations in high-risk sectors may face renewed or extended claims
- Increased legal scrutiny of historic exposure controls and record-keeping
For dutyholders today, this ruling reinforces the importance of robust, transparent, and well-documented asbestos management — not only for safety, but for long-term legal protection.
4. Ongoing Health Impact Highlights the Need for Robust Compliance
Despite asbestos being banned over 25 years ago, thousands of mesothelioma cases continue to be reported annually. Many involve individuals exposed decades earlier in workplaces with inadequate controls.
Current data shows increased risk among:
- Construction workers
- Building maintenance teams
- Engineers and technical trades
- Public sector building staff (schools, hospitals, council buildings)
The persistence of this health crisis underlines the importance of strict survey standards, effective training, and proactive asbestos management.
5. Growing Momentum for a National Asbestos Strategy
Several professional and safety bodies continue to call for:
- A central, national asbestos register
- Long-term asbestos removal strategies for public buildings
- Greater transparency for building occupiers
- Improved awareness for tradespeople and contractors
While these measures have not yet been formally adopted, momentum is growing — particularly as building safety remains a government priority.
What This Means for Employers, Dutyholders & Property Managers
With regulation under review, legal pressures increasing, and public awareness rising, now is the ideal time to reassess asbestos compliance procedures.
Organisations should consider:
✔ Updating asbestos surveys and reinspections
✔ Ensuring surveyors and analysts are competent and independent
✔ Reviewing management plans, risk assessments, and ACM registers
✔ Strengthening training programmes and toolbox talks
✔ Auditing historic asbestos documentation
✔ Preparing for more stringent regulatory requirements in 2026
Being proactive now will reduce risk, improve compliance, and ensure readiness for change.
How DAF Consulting Can Help
DAF Consulting specialises in helping organisations manage asbestos risk with clarity, competence, and confidence.
Our services include:
- Asbestos management plan reviews
- Compliance audits and gap analysis
- Survey quality assurance
- Client-side project management for asbestos works
- Dutyholder advisory support
- Training for managers, surveyors, and maintenance teams
If your organisation needs expert support navigating the evolving asbestos landscape, we’re here to help.
📩 Get in touch today to discuss your requirements.
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