The Control of Asbestos (Amendment etc.) Regulations 2026

Published: Tue 3rd Nov 26

Mandated that asbestos site clearance assessments be performed by an independent person not appointed by the removal contractor.

These Regulations amend the Control of Asbestos Regulations 2012 to mandate that site clearance assessments and reoccupation certifications must be conducted by an independent party.

The instrument prohibits the employer responsible for asbestos cleaning from appointing the person who assesses that same work.

It further requires that individuals or bodies conducting air testing and site inspections hold specific ISO accreditations and updates references to health and safety legislation applied outside Great Britain.

Arguments For

The Regulations state that the primary change ensures the person assessing the cleanliness of a site is appointed independently of the employer who performed the asbestos work.
The explanatory note indicates that the measure aims to verify that premises are thoroughly cleaned and suitable for reoccupation through impartial assessment.
The document notes that the requirements align with international standards, specifically ISO 17025 for air testing and ISO 17020 for site inspections.
The phased implementation, with the independence requirement starting in 2027, is intended to allow for a transition period from existing 2012 regulatory standards.

Arguments Against

Regulated entities may face increased administrative complexity or costs when coordinating separate contracts for asbestos removal and independent site clearance.
Small-scale contractors or those in remote areas might experience logistical difficulties in securing independent, accredited assessors as required by the new regulation 20(4).
Legal scholars might note that while the document claims no significant impact on the private sector, the structural change to procurement for asbestos services imposes a new mandate on how businesses must contract for safety assessments.

Citation, commencement and extent

1.-(1) These Regulations may be cited as the Control of Asbestos (Amendment etc.) Regulations 2026.
(2) Subject to paragraph (3), these Regulations come into force on 25th November 2026.
(3) Regulation 2(2) comes into force on 25thNovember 2027.
(4) These Regulations extend to England and Wales and Scotland.

This section establishes the official name of the regulations and their geographic reach across Great Britain.

While most provisions take effect on 25 November 2026, the specific changes regarding independent site clearance certification are deferred until 25 November 2027.

This provides a one-year transition period for the asbestos industry to adjust to the new appointment rules.

Amendment of the Control of Asbestos Regulations 2012

2.-(1) The Control of Asbestos Regulations 2012(4) are amended as follows.

(2) For regulation 20 (standards for air testing and site clearance certification), substitute-

"Standards for air testing and site clearance certification

20.-.-(1) Subject to paragraph (2), every employer-

(a) who carries out any measurement of the concentration of asbestos fibres present in the air must ensure that criteria are met which are equivalent to those set out in the paragraphs of ISO 17025 which relate to the specified matters;
(b) who requests a person to carry out any measurement of the concentration of asbestos fibres present in the air must ensure that that person is accredited by an appropriate body as competent to perform work in compliance with ISO 17025.

(2) Paragraph (1) does not apply to work carried out in a laboratory for the purposes only of research.

(3) Subject to paragraph (4), a person who appoints another person to assess whether premises or parts of premises where work with asbestos has been carried out-

(a) have been thoroughly cleaned upon completion of that work in accordance with regulation 17(b);
(b) are suitable for reoccupation such that a site clearance certificate for reoccupation can be issued,

must ensure that the appointed person is accredited by an appropriate body as competent to perform work in compliance with the paragraphs of ISO 17020 and ISO 17025 which relate to the specified matters.

(4) A person cannot be appointed to carry out an assessment under paragraph (3) by the employer who was required to ensure the premises or parts of premises were thoroughly cleaned in accordance with regulation 17(b).

(5) In this regulation-

"site clearance certificate for reoccupation" means a certificate issued to confirm that premises or parts of premises where work with asbestos has been carried out have been thoroughly cleaned upon completion of that work in accordance with regulation 17(b);

"specified matters" means organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.".

(3) In regulation 31 (extension outside Great Britain), for "the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2001" substitute "the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013(5)".

(4) In Schedule 3, omit the entry for the Construction (Design and Management) Regulations 2007(6).

This section introduces a new requirement that prevents asbestos removal contractors from hiring their own inspectors to certify that a site is clean.

It mandates that any person appointed to issue a site clearance certificate must be accredited under ISO standards 17020 and 17025, which cover inspection and testing competence.

Additionally, it updates statutory references to reflect current health and safety orders and removes an obsolete reference to the 2007 Construction (Design and Management) Regulations.

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