No. In its response to the 2025–26 consultation, published in November 2026, HSE decided not to make accreditation of asbestos surveying organisations a legal requirement. It continues to strongly recommend UKAS-accredited surveyors instead. The one legal change affects clearances after licensed removal: HSE says a Statutory Instrument amending regulation 20 of the Control of Asbestos Regulations 2012 (CAR 2012) was laid in November 2026, so that the clearance analyst can no longer be appointed by the removal contractor [1][2].
Status at 4 November 2026
- Consultation: "Legislative and guidance proposals for the Control of Asbestos Regulations 2012". It opened on 10 November 2025 and closed on 9 January 2026 [1][3].
- Outcome: HSE's response is published on its consultation hub, which shows the results last updated on 3 November 2026. HSE received 358 responses [1][2].
- Surveys: no new legal duty. Better guidance is planned, including an update to HSG264 [2].
- Four-stage clearance: the change to regulation 20 is on its way. HSE gives industry and dutyholders one year from November 2026 to adapt [1].
- In force today: CAR 2012, ACoP L143, HSG264 and HSG248 as currently published. None of the changes has altered them yet.
What was the HSE consultation about?
HSE consulted on three separate proposals, each with a preferred option and at least one alternative [3]. Some summaries have described mandatory surveyor accreditation as something HSE was planning. In the consultation, however, it was only the alternative option. HSE's preferred approach for surveys was non-regulatory from the start [3], and the published response confirms that approach [2].
| Proposal | HSE's preferred option (2025) | Decision (November 2026) | Legal position on 4 Nov 2026 |
|---|---|---|---|
| 1. Independence of the analyst in the four-stage clearance | Regulatory: amend CAR 2012 and its guidance [3] | Going ahead: Statutory Instrument amending regulation 20, plus updates to the ACoP and the Analysts' Guide [1][2] | Not yet in force; HSE allows a one-year adaptation period from November 2026 [1] |
| 2. Quality of asbestos surveys | Non-regulatory: guidance and other interventions. The alternative was mandatory accreditation [3] | Mandatory accreditation not adopted; new guidance and interventions [2] | Unchanged: accreditation recommended, not required |
| 3. Notifiable non-licensed work (NNLW) | Non-regulatory: clearer guidance [3] | NNLW category kept; improved guidance to be developed with industry [1][2] | Unchanged |
Is asbestos surveyor accreditation becoming mandatory?
No. HSE's response says it will keep its position of strongly recommending accredited organisations, but it will not turn that recommendation into a legal duty [2]. Its consultation page says the same: HSE "continues to strongly recommend" accredited organisations for surveys [1].
Respondents were split. Just over half (53%) agreed that mandatory accreditation could improve survey quality, 29% disagreed and the rest were neutral [2]. HSE gave these reasons for not making it compulsory [2]:
- accreditation improves quality, but it does not guarantee it;
- non-accredited organisations can still run suitable quality-assurance systems;
- respondents saw the competence of the individual surveyor as the main driver of quality;
- respondents raised concerns about what accreditation costs.
HSE plans to do the following instead. No dates have been given [2]:
- update HSG264, Asbestos: The survey guide;
- update HSG227, A comprehensive guide to managing asbestos in premises;
- publish a web page to help businesses, especially smaller ones, appoint a third-party surveyor;
- run communications on how to commission a good-quality survey.
What it means for you: the way you check a surveyor stays the same. Ask for the firm's UKAS accreditation to ISO/IEC 17020 and the lab's accreditation to ISO/IEC 17025. If a firm is not accredited, ask for evidence of competence. Our guide on how to check an asbestos surveyor walks through each check.
What changes for four-stage clearance?
Licensed asbestos removal ends with a clearance: an analyst inspects the work area and tests the air before the area can be certified fit for reoccupation. The procedure is set out in HSG248, Asbestos: The analysts' guide.
The rule today
- CAR 2012 regulation 20(4) already requires the person assessing a cleaned area for a reoccupation certificate to be accredited as competent to the relevant parts of ISO 17020 and ISO 17025 [4].
- Independence is already expected in guidance. HSE noted that the expectation has been in guidance for almost 20 years [3]. On its duty-to-manage pages, HSE recommends that the clearance analyst be sourced independently and employed by the building owner or client [5].
- In practice, the data in the consultation showed the removal contractor appointing the analyst in 53% of cases and the client in 46% [3].
The rule HSE is introducing
- Regulation 20 is being amended so that the analyst who carries out site clearance certification is not appointed by the contractor(s) doing the removal work [1].
- The ACoP (L143) and the Analysts' Guide will change the independence wording from "should" to "must". HSE says it will update them later in 2026 [1][2].
- HSE will also produce simpler guidance to help clients and dutyholders appoint third-party providers. It will use ASB5 notification data to monitor compliance [1][2].
- 71% of respondents agreed with amending CAR 2012 to secure independence. The largest group (32%) preferred a one-year transition [2].
To confirm: neither HSE's consultation page nor its response gives the title, number or commencement date of the amending regulations [1][2]. Before you change contracts, check the final text on legislation.gov.uk. Make sure your procedures follow the wording of the regulation as made, not this summary.
Proposed or in force? A quick reference
| Document | Status on 4 Nov 2026 | What applies now | Announced change |
|---|---|---|---|
| CAR 2012, regulation 4 (duty to manage) | In force | Assess, record and manage asbestos in non-domestic premises with a written plan [4] | None from this consultation |
| CAR 2012, regulation 20 (air testing and site clearance) | In force; amendment laid [1] | Clearance assessor must be accredited (ISO 17020/17025) [4] | Analyst not to be appointed by the removal contractor; one year to adapt [1] |
| ACoP L143, Managing and working with asbestos (2nd edition, 2013) [7] | In force | Analyst independence is a "should" | Becomes a "must"; update announced for later in 2026 [1][2] |
| HSG264, Asbestos: The survey guide (2nd edition, 2012) | Current guidance [6] | Survey types and standards; accreditation recommended | To be updated; no date [2] |
| HSG248, Asbestos: The analysts' guide | Current guidance | Four-stage clearance procedure | To be updated to reflect regulation 20 [1] |
| NNLW category | In force | Notification, health records and medical examinations for NNLW [5] | Kept; clearer guidance planned [1][2] |
What should you do now?
If you are a dutyholder or building manager
- [ ] Keep your register and plan up to date: the duty to manage has not changed. Use our asbestos management plan template as a starting point.
- [ ] When you commission a survey, ask for UKAS accreditation and a named accredited lab, and write a clear brief (our brief tool can help).
- [ ] Make sure you are booking the right survey: see management vs refurbishment & demolition survey.
If you are commissioning licensed removal
- [ ] Appoint and pay the clearance analyst yourself, separately from the removal contractor. HSE already recommends this [5], and it is the direction of the new rule.
- [ ] Check that the analyst's organisation holds the accreditation required by regulation 20 [4].
- [ ] Review standard contracts and frameworks that let the contractor bring "their" analyst. Plan the change within HSE's one-year window [1].
Watch for
- the amending regulations on legislation.gov.uk (title, number, commencement date);
- the revised ACoP L143 and Analysts' Guide (announced for later in 2026);
- the updated HSG264 and HSE's new page on appointing a surveyor (no date yet).
FAQ
Is UKAS accreditation now a legal requirement for asbestos surveyors? No. After the consultation, HSE decided to keep strongly recommending accredited organisations without making accreditation a legal duty [2]. Clients, lenders or insurers can still require it in their own contracts.
When does the four-stage clearance change take effect? HSE says the Statutory Instrument was laid in November 2026 and that dutyholders have one year from November 2026 to adapt [1]. The exact commencement date is still to be confirmed against the regulations published on legislation.gov.uk.
Who will appoint the clearance analyst? Not the contractor doing the removal [1]. HSE's existing advice is that the analyst should be sourced independently and employed by the building owner or client [5]. Check the final regulation text for the exact wording.
Are HSG264 and HSG248 changing? Yes, but not yet. HSE says it will update HSG264 [2] and the Analysts' Guide [1]. Until the new editions are published, the current editions remain the reference.
Is notifiable non-licensed work (NNLW) being abolished? No. HSE will keep the NNLW category and develop clearer guidance with stakeholders [1][2]. Whether asbestos insulation and insulating board should stay in NNLW will be considered further [2].
Next step
Nothing in the outcome changes how you commission a management survey or a refurbishment & demolition survey today. Prepare one written scope, check each firm's credentials, then prepare your request. Our provider listings are unclaimed, and we have not independently verified any firm's accreditation or fees.
Please note: this article is general information, not legal advice. It reflects HSE's published position on 4 November 2026. Regulations change on the date set in the regulations as made, so check legislation.gov.uk and current HSE guidance before you rely on any date.
Sources
- Legislative and guidance proposals for the Control of Asbestos Regulations 2012 – HSE consultation hub (results updated 3 November 2026)
- HSE response to consultation on legislative and guidance proposals for CAR 2012 (PDF, November 2026)
- HSE consultation: legislative and guidance proposal – Clyde & Co (24 March 2026)
- The Control of Asbestos Regulations 2012, Part 2 (regulations 4 and 20) – legislation.gov.uk
- Duty to manage asbestos: put the plan into action – HSE
- HSG264 Asbestos: The survey guide – HSE
- L143 Managing and working with asbestos (ACoP) – HSE
Independent general information. Requirements and prices depend on scope, locality, technical standards and current regulations. Verify critical details with qualified professionals and relevant authorities.