The Control of Asbestos Regulations (CAR) 2012: What Every Duty Holder Needs to Know
Asbestos kills around 5,000 people in the UK every year — more than any other single work-related cause. The Control of Asbestos Regulations, commonly known as CAR 2012, exists precisely to stop that number rising. If you own, manage, or maintain a non-domestic building, these regulations apply to you, and getting them wrong carries serious legal and human consequences.
CAR 2012 consolidates earlier asbestos legislation into a single, coherent framework. It tells you who is responsible, what they must do, and how compliance should be demonstrated. This post breaks that framework down into plain language so you can act on it confidently.
What Are the Control of Asbestos Regulations (CAR 2012)?
CAR 2012 is a statutory instrument that sets legally binding rules for managing asbestos in the workplace and in non-domestic premises. It replaced and consolidated several earlier pieces of asbestos legislation, creating a single point of reference for duty holders, employers, and contractors.
The regulations are underpinned by HSE guidance — most notably HSG264, which covers asbestos surveying — and an Approved Code of Practice (ACoP) that gives practical direction on compliance. Together, these documents form the backbone of asbestos management in the UK.
The core purpose is straightforward: prevent people from being exposed to asbestos fibres. Exposure causes diseases including mesothelioma, asbestosis, and lung cancer, all of which have long latency periods, meaning symptoms may not appear for decades after exposure occurred.
Who Do CAR 2012 Apply To?
The regulations cast a wide net. If you fall into any of the following categories, CAR 2012 applies to you directly:
- Duty holders — owners or those responsible for the maintenance of non-domestic premises
- Employers — businesses whose workers may disturb asbestos-containing materials (ACMs) during their work
- Self-employed contractors — anyone working independently on buildings where asbestos may be present
- Facilities managers and building managers — those responsible for day-to-day management of commercial or public buildings
- Construction and maintenance workers — tradespeople such as electricians, plumbers, and joiners who regularly disturb building fabric
It is worth noting that CAR 2012 applies to non-domestic premises only. However, if you are a landlord managing communal areas within a residential block, those communal spaces fall under the duty to manage provisions. Private homes are not covered unless work is being carried out by a business.
Key Requirements Under CAR 2012
The regulations set out a number of specific legal duties. Each one carries weight, and none should be treated as optional.
The Duty to Manage Asbestos in Non-Domestic Premises
This is the cornerstone of CAR 2012. Regulation 4 places a duty on those responsible for non-domestic premises to identify whether asbestos is present, assess its condition, and put a management plan in place.
In practice, this means commissioning an asbestos survey if one has not already been carried out. The management plan must be written, kept up to date, and shared with anyone who might disturb ACMs — including contractors and maintenance staff.
The duty to manage is ongoing. It does not end once the initial survey is complete. Conditions change, materials deteriorate, and building work creates new risks. Regular review of the asbestos management plan is a legal requirement, not a recommendation.
Prohibition on the Use of Asbestos
CAR 2012 maintains an absolute ban on the importation, supply, and use of all forms of asbestos. This prohibition has been in place since 1999 for all asbestos types, and CAR 2012 carries that ban forward.
No new asbestos-containing products may be installed in any building or structure. If a contractor offers to supply materials containing asbestos — even inadvertently — that is a serious regulatory breach.
Licensing Requirements for Asbestos Work
Not all asbestos work requires a licence, but the higher-risk activities do. CAR 2012 sets out three categories of work:
- Licensed work — required for work with high-risk ACMs such as sprayed coatings, lagging, and asbestos insulating board (AIB). Only contractors holding an HSE licence may carry out this work.
- Notifiable non-licensed work (NNLW) — lower-risk work that does not require a licence but must be notified to the relevant enforcing authority before it starts. Health records and medical surveillance are also required.
- Non-licensed work — the lowest-risk category, such as brief, non-repetitive work with asbestos cement. Still requires risk assessment and appropriate controls.
Understanding which category applies to a given task is essential before any work begins. Getting this wrong — particularly by treating licensed work as non-licensed — is a serious offence.
Labelling Requirements
Any material known or presumed to contain asbestos must be clearly labelled. Labels must display the appropriate hazard warning symbol and be positioned so that workers can identify the risk before they disturb the material.
In practice, this often means labelling is recorded within the asbestos register rather than physically applied to every surface — particularly where physical labelling would be impractical. The asbestos register must be readily accessible to anyone who needs it.
Health Records and Medical Surveillance
Employers whose workers carry out notifiable non-licensed or licensed asbestos work must maintain health records for each affected employee. These records must be kept for a minimum of 40 years — reflecting the long latency period of asbestos-related diseases.
Medical surveillance by an employment medical adviser or appointed doctor is required for workers carrying out licensed asbestos work. This includes an initial medical examination before work begins and regular follow-up examinations at intervals specified by the doctor.
Training and Information
Anyone who may be exposed to asbestos — or who manages those who are — must receive appropriate training. CAR 2012 requires that training is proportionate to the level of risk involved.
At a minimum, workers in roles where they might encounter asbestos should complete asbestos awareness training. Those carrying out non-licensed work require additional training covering safe working practices. Licensed asbestos workers require a higher level of training still, typically delivered by accredited providers.
Types of Asbestos Survey Required Under CAR 2012
Commissioning the right type of survey is one of the first practical steps in meeting your obligations under CAR 2012. HSG264 defines two main types:
Management Survey
A management survey is the standard survey required to locate ACMs that could be disturbed during normal occupation and maintenance. It is non-intrusive and focuses on accessible areas. The output is an asbestos register — a record of the location, type, condition, and risk rating of any ACMs found.
Every non-domestic building should have a current management survey unless it can be demonstrated that the building contains no asbestos. If you manage a building without one, commissioning a survey should be your immediate priority.
Refurbishment and Demolition Survey
This survey is required before any refurbishment or demolition work. It is intrusive — surveyors access all areas, including those that would not normally be disturbed. The purpose is to ensure that all ACMs are identified before work begins, so they can be safely removed or managed.
Skipping a refurbishment survey before major building work is one of the most common — and most dangerous — compliance failures seen in the industry.
Practical Steps for Complying with CAR 2012
Compliance does not have to be complicated, but it does require a structured approach. Here is a practical framework to follow:
Step 1 — Commission an Asbestos Survey
If you do not have a current, accurate asbestos survey for your building, commission one from a UKAS-accredited surveying company. The survey must be carried out in accordance with HSG264 and conducted by a competent, trained surveyor.
For those managing buildings across the UK, Supernova Asbestos Surveys provides professional asbestos survey London services, with surveyors working across all London boroughs and the surrounding area.
Step 2 — Create and Maintain an Asbestos Register
The survey output should form the basis of your asbestos register. This document must record the location, type, condition, and risk rating of every ACM identified. It must be kept up to date and made available to contractors and maintenance staff before they carry out any work on the building.
Step 3 — Develop an Asbestos Management Plan
The management plan sets out how identified ACMs will be managed over time. It should cover:
- Who is responsible for managing asbestos in the building
- What monitoring and inspection regime is in place
- How contractors will be informed about ACMs
- What action will be taken if ACMs deteriorate or are disturbed
- When the plan will next be reviewed
Step 4 — Implement Control Measures for Any Work Involving ACMs
Before any work that might disturb ACMs begins, a risk assessment must be carried out. Control measures must be proportionate to the risk — ranging from basic precautions for low-risk non-licensed work to full enclosures, air monitoring, and decontamination facilities for licensed work.
Supernova also provides asbestos survey Manchester services across Greater Manchester and the wider North West, helping building managers meet their legal obligations quickly and accurately.
Step 5 — Provide Training to All Relevant Staff
Ensure that everyone who works in or on your building understands the asbestos risks present. This includes not only your own employees but also contractors and visitors who may be working in areas where ACMs are located.
Step 6 — Monitor, Review, and Update
Asbestos management is not a one-off exercise. Conduct regular inspections of known ACMs to assess whether their condition has changed. Review and update your management plan at least annually, and whenever significant changes occur — such as refurbishment work, a change of occupier, or damage to ACMs.
Enforcement and Penalties
The Health and Safety Executive (HSE) is the primary enforcing authority for CAR 2012 in most workplaces. Local authorities enforce the regulations in some premises, such as retail and office environments.
Enforcement action can range from improvement notices and prohibition notices through to prosecution. Convictions for serious breaches of asbestos regulations have resulted in substantial fines and, in some cases, custodial sentences for company directors.
The cost of non-compliance — financial, legal, and human — far outweighs the cost of getting the right survey and management plan in place from the outset.
Supernova Asbestos Surveys also offers a dedicated asbestos survey Birmingham service, supporting duty holders across the West Midlands in meeting their CAR 2012 obligations.
Common Mistakes Duty Holders Make
After more than 50,000 surveys nationwide, the Supernova team has seen the same compliance failures arise repeatedly. Here are the most common — and how to avoid them:
- Assuming a building is asbestos-free without evidence — if your building was constructed or refurbished before 2000, asbestos may be present. Assumption is not evidence. Commission a survey.
- Failing to share the asbestos register with contractors — contractors cannot manage risks they do not know about. Make the register available before any work begins.
- Treating the management plan as a one-off document — plans must be reviewed regularly and updated when circumstances change.
- Misclassifying the type of asbestos work — incorrectly treating licensed work as non-licensed is a serious breach. If in doubt, seek specialist advice before work starts.
- Using unaccredited surveyors — surveys must be carried out by competent, trained professionals. UKAS accreditation provides assurance of quality and competence.
Frequently Asked Questions
What is CAR 2012 and why does it matter?
CAR 2012 — the Control of Asbestos Regulations — is the primary piece of UK legislation governing the management of asbestos in non-domestic premises. It sets out legal duties for duty holders, employers, and contractors to identify, manage, and control asbestos risks. It matters because asbestos-related diseases remain the leading cause of work-related death in the UK, and compliance with CAR 2012 is the legal mechanism for preventing further exposure.
Does CAR 2012 apply to residential properties?
CAR 2012 applies to non-domestic premises. Private homes are not covered. However, communal areas in residential blocks — such as corridors, plant rooms, and roof spaces — do fall under the duty to manage provisions. Landlords and managing agents responsible for those communal areas have legal obligations under the regulations.
What type of asbestos survey do I need?
The type of survey you need depends on the circumstances. A management survey is required for occupied buildings to identify ACMs that could be disturbed during normal use. A refurbishment and demolition survey is required before any significant building work begins. Both types must be carried out in accordance with HSG264 by a competent surveyor.
How often should an asbestos management plan be reviewed?
There is no fixed statutory interval, but best practice — and HSE guidance — indicates that management plans should be reviewed at least annually. They should also be reviewed whenever there is a material change, such as building works, a change in occupier, damage to known ACMs, or new asbestos being identified.
What happens if I do not comply with CAR 2012?
Non-compliance with CAR 2012 can result in enforcement action by the HSE or local authority. This can include improvement notices, prohibition notices, and prosecution. Penalties for serious breaches include unlimited fines and, in the most serious cases, custodial sentences. Beyond the legal consequences, non-compliance puts workers and building occupants at genuine risk of life-threatening disease.
Get Expert Help with Your CAR 2012 Obligations
Meeting your obligations under the Control of Asbestos Regulations (CAR 2012) starts with understanding what asbestos is present in your building. Supernova Asbestos Surveys has completed over 50,000 surveys nationwide, working with building owners, facilities managers, local authorities, and contractors across the UK.
Our UKAS-accredited surveyors work in accordance with HSG264 and deliver clear, actionable reports that form the foundation of a legally compliant asbestos management plan. Whether you need a management survey, a refurbishment survey, or expert advice on your existing asbestos register, we are ready to help.
Call us on 020 4586 0680 or visit asbestos-surveys.org.uk to book your survey or speak to a member of our team.