Licensed vs Non-Licensed Asbestos Removal Work: What Every Dutyholder Must Understand
Asbestos remains the single largest cause of work-related deaths in the UK. The rules governing its removal exist for very good reason — and understanding the distinction between licensed vs non licensed asbestos removal work is not a box-ticking exercise. It determines who can legally carry out the work, what controls must be in place, and what happens if you get it wrong.
Get the classification right and you protect lives, stay compliant, and avoid enforcement action. Get it wrong and you are looking at criminal liability, substantial fines, and — in the worst cases — workers developing fatal diseases decades down the line.
What Determines Whether Asbestos Removal Work Is Licensed or Non-Licensed?
The classification of asbestos removal work hinges on three things: the type of material being disturbed, its condition, and the likely level of fibre release during the task. The Health and Safety Executive (HSE) uses these factors to draw a clear line between work that requires a licence and work that does not.
One thing worth stating plainly: non-licensed does not mean low-risk. All asbestos removal carries some degree of hazard. The absence of a licensing requirement does not mean you can skip planning, training, or protective measures.
Licensed Asbestos Removal Work: The High-Risk Category
Licensed work involves the highest-risk asbestos-containing materials (ACMs) — those most likely to release large quantities of fibres when disturbed. Work becomes licensable when the risk is more than low and brief, or where there is a reasonable likelihood that exposure could exceed the relevant control limit.
Materials that typically require a licensed contractor include:
- Sprayed asbestos coatings on ceilings, walls, and structural steelwork
- Pipe lagging and thermal insulation on boilers and pipework
- Loose fill insulation in ceiling voids and cavity walls
- Asbestos insulating board (AIB) used in fire doors, ceiling tiles, and partition walls
- Asbestos millboard used in electrical equipment
Only contractors holding a current HSE licence may legally carry out asbestos removal of this type. An expired licence carries no legal weight — the licence must be current at the time the work is carried out.
Licensing and Contractor Competence
A valid HSE licence is not issued automatically. Contractors must demonstrate competence, robust management systems, and the ability to work safely with high-risk ACMs before HSE grants approval.
Workers on licensed sites must hold appropriate training qualifications for their specific role. This applies to operatives, supervisors, and managers alike. Training must cover:
- The properties and health risks of asbestos fibres
- Types of ACMs and how to identify them
- Safe working methods and engineering controls
- Correct use, fitting, and removal of personal protective equipment (PPE)
- Decontamination procedures
- Emergency procedures following accidental disturbance
Training records must be maintained, and refresher training provided at regular intervals. Competent supervision must be present throughout licensed work — a trained supervisor is responsible for overseeing critical stages of the removal process.
Notification and Pre-Work Obligations for Licensed Work
Before any licensed asbestos removal begins, the contractor must notify HSE in writing at least 14 days before work starts. The notification must include details of the site, the type and quantity of ACMs to be removed, the methods to be used, and the names of key personnel.
A detailed written plan of work must also be prepared before removal begins. This document sets out exactly how the job will be carried out, what controls will be in place, and how waste will be managed. It is a legal requirement under the Control of Asbestos Regulations — not an optional document.
Control Measures During Licensed Removal
During licensed removal, strict engineering controls and procedural measures must be in place throughout. These include:
- The work area must be enclosed and sealed off from surrounding spaces
- Negative pressure units (NPUs) must be used to prevent fibres escaping the enclosure
- Workers must wear appropriate respiratory protective equipment (RPE) and disposable coveralls
- Air monitoring must be carried out to check fibre levels inside and outside the enclosure
- A four-stage clearance procedure must be completed before the enclosure is dismantled
- All asbestos waste must be double-bagged, labelled, and disposed of at a licensed waste site
Medical Surveillance and Health Records
Workers engaged in licensed asbestos removal must be under medical surveillance by an appointed doctor. Health records must be kept for a minimum of 40 years — a direct reflection of the long latency period of asbestos-related diseases, which can take decades to develop after exposure.
This is not an administrative formality. Mesothelioma, asbestosis, and asbestos-related lung cancer are irreversible and frequently fatal. The 40-year record requirement exists because symptoms may not emerge until long after the exposure occurred.
Non-Licensed Asbestos Removal Work: Lower Risk, Still Regulated
Non-licensed work covers tasks involving lower-risk ACMs, where fibre release is likely to remain well below the control limit when proper methods are used. Common examples include:
- Removing intact vinyl floor tiles bonded with asbestos-containing adhesive
- Working with asbestos cement products such as corrugated roofing sheets or guttering
- Drilling or cutting through textured decorative coatings (such as Artex) in a controlled way
- Sealing or encapsulating ACMs that are in sound condition
- Minor maintenance work on asbestos cement pipes
The Control of Asbestos Regulations still impose clear duties on employers and those carrying out this work. Lower risk does not mean no risk, and it certainly does not mean no legal obligation.
Training and Competency for Non-Licensed Work
Anyone carrying out non-licensed asbestos removal must be adequately trained and competent before they start. This is a legal requirement under the Control of Asbestos Regulations — not a recommendation.
Training for non-licensed workers must cover:
- How to recognise common ACMs, including textured coatings, floor tiles, and cement products
- The health risks associated with asbestos fibre inhalation
- Safe working methods specific to the materials being handled
- Correct selection and use of RPE and PPE
- What to do if ACMs are in worse condition than expected
- Decontamination and waste disposal procedures
Employers must keep records of training provided and ensure that only competent individuals are assigned to tasks involving ACMs. Untrained staff should never be allowed near asbestos-containing materials, regardless of the perceived risk level.
Risk Assessment for Non-Licensed Work
A written risk assessment is mandatory before any non-licensed asbestos removal begins. A generic document will not satisfy the requirements of the Control of Asbestos Regulations — the assessment must be thorough and site-specific.
A proper risk assessment for non-licensed work should:
- Identify all ACMs in the work area, including their type and condition
- Assess the likelihood and level of fibre release during the planned activity
- Determine whether the work is non-licensed, notifiable non-licensed, or actually licensable
- Set out the control measures to be used, including RPE, wet methods, and containment
- Specify the PPE required for each stage of the work
- Identify who will carry out the work and confirm their competence
- Confirm waste management arrangements
HSE guidance makes clear that employers should not attempt to self-assess where there is any uncertainty about the type or condition of ACMs. A qualified asbestos surveyor should be engaged to carry out an inspection before work begins.
Notifiable Non-Licensed Work: The Middle Ground
Notifiable non-licensed work (NNLW) sits between straightforward non-licensed work and fully licensed removal. It applies to tasks that do not require a licence but where exposure is not sporadic and of low intensity — in other words, where workers are regularly disturbing ACMs even if the risk level does not reach the licensing threshold.
If your work falls into the NNLW category, you must:
- Notify the relevant enforcing authority before work starts
- Ensure workers undergo medical surveillance
- Keep health records for affected workers for 40 years
- Maintain records of the work carried out
Failing to identify NNLW correctly — and treating it as ordinary non-licensed work — is a compliance failure that can attract enforcement action from HSE. The classification must be made carefully, based on a proper assessment of the work and the materials involved.
Employer and Dutyholder Responsibilities
Whether the work is licensed or non-licensed, the employer or dutyholder carries ultimate responsibility for ensuring it is carried out safely and in accordance with the law. The Control of Asbestos Regulations set out these duties explicitly.
The Duty to Manage Asbestos
For non-domestic premises, the dutyholder has a legal obligation to manage asbestos. This means identifying the location and condition of all ACMs, maintaining an up-to-date asbestos register, and having an asbestos management plan in place.
This plan must be reviewed regularly — at least annually — and updated whenever new information comes to light. Before any work is planned, the asbestos register must be consulted. Contractors and workers must be informed of any known ACMs in the area where they will be working.
Selecting the Right Contractor
For licensed work, the contractor must hold a current HSE licence — this is non-negotiable. For non-licensed work, you must still satisfy yourself that the contractor or worker is competent, trained, and using safe methods.
Ask to see evidence of training, method statements, and risk assessments before work begins. Do not simply take a contractor’s word for it. The duty to verify competence sits with the employer or client commissioning the work, not with the contractor alone.
Record Keeping and Documentation
Good documentation is both a legal requirement and a practical safeguard. Records you should maintain include:
- The asbestos register and management plan for the premises
- Survey reports and sampling results
- Risk assessments for all asbestos work carried out
- Notifications submitted to HSE or the enforcing authority
- Training records for all workers involved in asbestos work
- Air monitoring results and clearance certificates for licensed work
- Waste consignment notes for asbestos waste disposal
- Health records for workers engaged in licensed or notifiable non-licensed work
Breaches of the Control of Asbestos Regulations can result in substantial fines and, in serious cases, imprisonment for company directors. HSE takes enforcement action where dutyholders fail to meet their obligations — and ignorance of the classification system is not a defence.
Why Getting the Classification Right Matters
Misclassifying asbestos removal work is one of the most common compliance failures in the industry. Treating licensed work as non-licensed, or failing to identify notifiable non-licensed work, can have serious consequences — for workers, for businesses, and for the individuals responsible.
Carrying out licensable work without an HSE licence is a criminal offence. Workers exposed to high levels of asbestos fibres as a result of inadequate controls may develop mesothelioma, asbestosis, or lung cancer — diseases that are irreversible and frequently fatal. No commercial pressure or cost consideration justifies cutting corners on classification.
If you are unsure how to classify a particular task, the starting point is always a proper asbestos survey carried out by a qualified professional. HSG264 provides the framework for asbestos surveying and should be the baseline for any survey work informing removal decisions.
Where to Start: Getting a Survey Before Any Removal Work
Before any removal work is planned — licensed or otherwise — you need accurate, up-to-date information about the ACMs present. That means commissioning a survey from a UKAS-accredited surveying organisation, not relying on outdated records or assumptions.
A refurbishment and demolition survey is required before any intrusive work begins. A management survey will identify ACMs in areas that are in normal use. The type of survey you need depends on the nature of the work planned — and getting that wrong at the outset can delay projects and create compliance problems down the line.
Supernova Asbestos Surveys operates nationwide, with specialist teams covering major cities and regions across the UK. Whether you need an asbestos survey in London, an asbestos survey in Manchester, or an asbestos survey in Birmingham, our qualified surveyors provide the detailed information you need to make sound decisions about removal work — and to ensure the right contractors are engaged for the right tasks.
Frequently Asked Questions
What is the difference between licensed and non-licensed asbestos removal work?
Licensed asbestos removal work involves high-risk ACMs — such as sprayed coatings, pipe lagging, and asbestos insulating board — where fibre release is likely to be significant. Only HSE-licensed contractors can carry out this work. Non-licensed work covers lower-risk materials, such as asbestos cement and intact floor tiles, where fibre release can be kept well below the control limit using proper methods. Both categories carry legal obligations under the Control of Asbestos Regulations.
What is notifiable non-licensed work (NNLW)?
NNLW is a category of asbestos work that does not require an HSE licence but still triggers specific legal duties. It applies where workers are not just sporadically exposed to low levels of asbestos fibres — for example, tradespeople who regularly work with asbestos cement. Employers carrying out NNLW must notify the enforcing authority, arrange medical surveillance for workers, and keep health records for 40 years.
Can a non-licensed contractor carry out any asbestos removal legally?
Yes — but only for work that is genuinely classified as non-licensed under the Control of Asbestos Regulations. The contractor must still be competent and trained, carry out a written risk assessment, use appropriate RPE and PPE, and dispose of waste correctly. If there is any doubt about whether the work requires a licence, the safest course is to commission an asbestos survey and seek professional advice before proceeding.
What happens if licensed asbestos work is carried out without an HSE licence?
Carrying out licensable asbestos removal without a valid HSE licence is a criminal offence under the Control of Asbestos Regulations. Both the contractor and the client commissioning the work can face enforcement action, substantial fines, and — in the most serious cases — prosecution. The HSE has powers to issue prohibition notices stopping work immediately where unlicensed removal is discovered.
How do I know what type of asbestos survey I need before removal work?
The type of survey required depends on the nature of the work planned. A management survey is suitable for routine management of ACMs in occupied premises. A refurbishment and demolition survey is required before any intrusive work, renovation, or demolition takes place. HSG264 sets out the HSE’s guidance on asbestos surveying and should be used as the basis for deciding which survey type is appropriate for your situation.
Speak to Supernova Asbestos Surveys
If you are planning any work that might disturb asbestos-containing materials, do not leave classification to chance. Supernova Asbestos Surveys has completed over 50,000 surveys nationwide and provides the detailed, accurate information dutyholders need to manage asbestos safely and legally.
Call us on 020 4586 0680 or visit asbestos-surveys.org.uk to discuss your requirements and arrange a survey at your premises.