How Should You Contact the Health and Safety Executive to Notify Them If You Intend to Undertake Notifiable Non-Licensed Work?
Most people are familiar with licensed asbestos work — the heavily regulated, specialist activity requiring contractors to hold an HSE licence. But there is a middle category that regularly catches dutyholders off guard: notifiable non-licensed work (NNLW). It sits between fully licensed work and standard non-licensed work, and it carries a specific legal requirement that many employers overlook entirely.
If you intend to undertake notifiable non-licensed work with asbestos, you must notify the relevant enforcing authority before work begins. Understanding exactly how should you contact the Health and Safety Executive to notify them if you intend to undertake notifiable non-licensed work is not merely a procedural question — it is a legal obligation with real consequences if ignored.
This post explains the notification process clearly, covers what NNLW actually is, and sets out the practical steps you need to take to remain compliant under the Control of Asbestos Regulations.
What Is Notifiable Non-Licensed Work?
Under the Control of Asbestos Regulations, asbestos work is divided into three distinct categories. Licensed work covers the highest-risk activities — removing heavily damaged or friable asbestos insulation, for example — and requires an HSE licence, prior notification, and a range of additional controls.
Non-licensed work sits at the other end of the spectrum: low-risk, short-duration tasks where fibre release is minimal. Think of drilling a single small hole through an asbestos cement sheet in good condition, or carrying out a visual inspection of asbestos-containing materials (ACMs).
Notifiable non-licensed work occupies the middle ground. It is work that does not meet the threshold for licensed work but still involves sufficient risk that the enforcing authority must be informed in advance. The key distinguishing factors are:
- The work is not sporadic and of low intensity
- Exposure to asbestos fibres is not likely to remain below the control limit
- The work involves ACMs in poor condition, or activities more likely to release fibres
Practical examples of NNLW include removing small amounts of asbestos insulating board in reasonable condition, or working with textured coatings such as Artex in limited quantities. The HSE’s guidance document HSG264 provides detailed criteria for distinguishing between all three categories — it is essential reading for any dutyholder.
Why Notification Is a Legal Requirement
The requirement to notify is not discretionary. The Control of Asbestos Regulations place a clear duty on employers and self-employed persons to notify the relevant enforcing authority before notifiable non-licensed work begins. Failing to notify is a criminal offence and can result in enforcement action, improvement notices, prohibition notices, and prosecution.
Beyond the legal risk, notification serves a practical purpose. It allows the HSE or local authority to be aware of where NNLW is taking place, enabling them to target inspections and ensure workers are being protected appropriately.
It is also worth understanding that NNLW comes with additional obligations beyond notification alone. Employers must also:
- Designate workers carrying out NNLW and maintain health records for them
- Ensure those workers are under health surveillance by an appointed doctor
- Provide appropriate training — not just general asbestos awareness, but specific training for the type of work being carried out
- Maintain air monitoring records for the work
Getting the survey right before any work begins is the essential first step. An management survey will identify and assess the condition of ACMs in an occupied building, giving you the information needed to determine whether planned maintenance or disturbance work will fall into the NNLW category.
How Should You Contact the Health and Safety Executive to Notify Them If You Intend to Undertake Notifiable Non-Licensed Work?
This is the question dutyholders ask most frequently — and the answer is more straightforward than many expect, provided you know where to look.
Who Is the Correct Enforcing Authority?
Before you notify, you need to establish which enforcing authority applies to your premises. This is not always the HSE. The enforcing authority depends on the type of workplace:
- HSE enforces in factories, construction sites, schools, hospitals, and most industrial premises
- Local authorities enforce in offices, retail premises, hotels, restaurants, and leisure facilities
If you are unsure which authority covers your premises, the HSE website provides guidance on the split of enforcement responsibility. Notifying the wrong body does not discharge your legal obligation — so confirm this before you submit anything.
The Correct Method: Written Notification
The Control of Asbestos Regulations require that notification is made in writing. Verbal notification — a phone call to your local HSE office, for example — does not satisfy the legal requirement. The notification must be submitted in writing and received by the enforcing authority before work begins.
For work regulated by the HSE, notification should be submitted using the HSE’s online notification system. The HSE provides an online portal specifically for notifying asbestos work, including NNLW, accessible through the HSE’s official website at hse.gov.uk.
For premises regulated by the local authority, contact your relevant local authority environmental health department directly. Many local authorities accept written notification by email or letter — check with your specific authority for their preferred method.
What Information Must the Notification Include?
The notification must contain specific information. Submitting an incomplete notification is not compliant, even if it has been submitted on time. The required details include:
- The name and address of the notifier (employer or self-employed person)
- The address of the premises where the work will be carried out
- A brief description of the work — what is being done, which ACMs are involved, and their condition
- The type of asbestos involved, if known
- The date the work is due to start and the expected duration
- The maximum number of workers likely to be involved
- The methods of work to be used
- The type of respiratory protective equipment (RPE) to be used
- Confirmation that a suitable asbestos plan of work has been prepared
Having a current and accurate asbestos register before you submit this notification is essential. If you are working on a building about to undergo significant works, a demolition survey will provide the detailed, intrusive assessment of all ACMs needed to complete your notification accurately and compliantly.
When Must Notification Be Submitted?
The regulations require that notification is made as soon as practicable before the work begins. There is no fixed minimum notice period specified in the regulations for NNLW (unlike licensed work, which requires at least 14 days’ written notice in most circumstances).
However, “as soon as practicable” means you should aim to notify well in advance — not on the morning the work starts. A sensible working approach is to submit notification at least several working days before work commences. This gives the enforcing authority time to review the notification and, if necessary, make contact before work begins — and gives you a buffer in case your notification is returned with queries.
The Plan of Work: What You Need Before You Notify
Before you can complete a compliant notification, you must have a written plan of work in place. This is a separate legal requirement under the Control of Asbestos Regulations, but it is also a prerequisite for notification — the notification itself references the plan of work.
The plan of work must set out:
- The nature and probable duration of the work
- The location of the work
- The methods to be applied where the work involves asbestos or materials containing asbestos
- The characteristics of the equipment to be used for protection and decontamination of those carrying out the work
- Measures to be taken to warn and protect other persons who may be affected by the work
Getting your asbestos information right before drafting the plan is critical. If your building has not been surveyed recently, or if the condition of known ACMs has not been checked, a re-inspection survey will confirm the current state of all identified materials and ensure your plan of work is based on accurate, up-to-date information.
Health Surveillance and Record-Keeping for NNLW
Notification is only one part of the NNLW compliance picture. Employers must ensure that workers designated to carry out NNLW are placed under medical surveillance by an employment medical adviser or appointed doctor. This is not optional — it is a specific legal requirement that applies to NNLW but not to standard non-licensed work.
Health records for workers carrying out NNLW must be kept for 40 years from the date of the last entry. This is because asbestos-related diseases have an extremely long latency period — symptoms may not appear for 20, 30, or even 40 years after exposure.
Employers must also maintain records of the NNLW itself, including:
- The nature, duration, and degree of exposure of each worker
- Air monitoring results where these have been carried out
- Details of the RPE used
These records must be made available to the enforcing authority on request and must be provided to workers who request access to their own records.
Training Requirements for Workers Carrying Out NNLW
Workers undertaking notifiable non-licensed work must receive training that goes beyond standard asbestos awareness. Asbestos awareness training — which is required for anyone liable to disturb ACMs during their normal work — is a baseline, not a substitute for NNLW-specific training.
NNLW training must cover:
- The properties of asbestos and its effects on health
- The types of materials likely to contain asbestos in the relevant work context
- The correct use and fitting of RPE
- Safe working methods, including how to minimise fibre release
- Emergency procedures in the event of accidental disturbance
- Decontamination procedures
- Waste disposal requirements
Training must be provided before the work starts and refreshed at appropriate intervals. Records of all training must be maintained and made available on request.
Common Mistakes Employers Make With NNLW Notification
Across thousands of sites, the same errors appear repeatedly. Being aware of these in advance can save you significant trouble.
Failing to Identify That Work Is NNLW in the First Place
Many employers genuinely do not realise that the maintenance task they are about to carry out falls into the NNLW category. The distinction between non-licensed work and NNLW is not always obvious, and HSG264 runs to considerable detail on the criteria. If you are in any doubt, seek specialist advice before work begins — not after.
Notifying the Wrong Authority
The enforcing authority varies by premises type. Sending your notification to the HSE when your premises is regulated by the local authority — or vice versa — means you have not legally complied, even if you submitted on time. Always confirm the correct authority first.
Submitting an Incomplete Notification
A notification missing required information is not a valid notification. Make sure every required detail is completed accurately and that your plan of work is finalised before you submit. Partial submissions do not protect you legally.
Assuming Notification Covers Everything
Notification is necessary but not sufficient. Health surveillance, record-keeping, training, and a written plan of work are all separate requirements. Ticking the notification box and assuming you are done is a common and costly mistake.
Leaving It Too Late
Submitting notification on the day work starts — or worse, after work has begun — is non-compliant. Build the notification process into your pre-work planning so it is completed well in advance. If your programme changes, update your notification accordingly.
How an Asbestos Survey Supports Your NNLW Compliance
You cannot complete a compliant NNLW notification — or a proper plan of work — without accurate asbestos information. Guessing at the type, condition, or extent of ACMs is not acceptable, and an inaccurate notification is no more compliant than no notification at all.
A professional asbestos survey provides the foundation for everything else: identifying where ACMs are located, what type they are, what condition they are in, and what risk they present. That information feeds directly into your notification, your plan of work, your risk assessment, and your decisions about whether work falls into the NNLW category at all.
If you are based in the capital and need a survey ahead of planned works, our asbestos survey London service covers all property types across the city. For clients in the north-west, our asbestos survey Manchester team is on hand to provide fast, accurate surveying ahead of any planned works. And for clients in the West Midlands, our asbestos survey Birmingham service delivers the same rigorous approach across the region.
With over 50,000 surveys completed nationwide, Supernova Asbestos Surveys has the experience and accreditation to support dutyholders at every stage — from initial survey through to re-inspection and beyond.
Frequently Asked Questions
How should you contact the Health and Safety Executive to notify them if you intend to undertake notifiable non-licensed work?
You must notify in writing before work begins. For premises regulated by the HSE, use the HSE’s online notification portal at hse.gov.uk. For premises regulated by the local authority — such as offices, retail units, or hotels — contact your local authority environmental health department in writing. A verbal notification, such as a phone call, does not satisfy the legal requirement under the Control of Asbestos Regulations.
What is the difference between notifiable non-licensed work and licensed asbestos work?
Licensed asbestos work involves the highest-risk activities — such as removing heavily damaged asbestos insulation or sprayed coatings — and requires the contractor to hold an HSE licence, provide at least 14 days’ prior written notice, and meet a range of additional controls. Notifiable non-licensed work involves lower-risk activities that do not require a licence but still require written notification to the enforcing authority before work starts, along with health surveillance, record-keeping, and specific training for workers.
What information must be included in an NNLW notification?
The notification must include the name and address of the notifier, the address of the premises, a description of the work and the ACMs involved, the type of asbestos if known, the planned start date and expected duration, the maximum number of workers involved, the methods of work, the type of RPE to be used, and confirmation that a written plan of work has been prepared. An incomplete notification is not legally compliant even if submitted on time.
How long must health records for NNLW workers be kept?
Health records for workers who carry out notifiable non-licensed work must be retained for 40 years from the date of the last entry. This extended period reflects the long latency of asbestos-related diseases, which may not become apparent for decades after exposure. Records must be made available to the enforcing authority on request and to individual workers who ask to see their own records.
Do I need an asbestos survey before submitting an NNLW notification?
In practice, yes. You cannot accurately complete the required notification — or prepare a compliant written plan of work — without knowing the type, location, and condition of the ACMs involved. If your building does not have an up-to-date asbestos register, a management survey or re-inspection survey should be carried out before any notifiable work is planned. Inaccurate information in a notification does not protect you legally and may indicate a failure to manage asbestos properly under the Control of Asbestos Regulations.
Get Expert Support From Supernova Asbestos Surveys
If you are planning work that may fall into the NNLW category — or if you simply need an accurate, up-to-date asbestos survey to underpin your compliance — Supernova Asbestos Surveys can help. We have completed over 50,000 surveys across the UK, working with property managers, contractors, local authorities, and building owners of all types.
Call us on 020 4586 0680 or visit asbestos-surveys.org.uk to find out how we can support your asbestos management and help you stay on the right side of the law.