Asbestos removed. Who checks the work?

Asbestos clearance changes: who appoints the analyst?

HSE published its consultation response on 3 November 2026. It confirmed a change intended to protect independence in the four-stage clearance process after asbestos removal.

The replacement regulation 20 prevents the employer responsible for cleaning the premises after the work from appointing the person who assesses them for site clearance certification. In practical terms, the removal contractor must not appoint the clearance analyst. The appointed organisation must also meet the required accreditation standards.

For managers, this means checking the appointment itself. A different company name on the certificate does not answer who commissioned that company. Ask the question when obtaining quotations, while responsibilities and budgets can still be agreed.

When does the new requirement start?

The Control of Asbestos (Amendment etc.) Regulations 2026 were made on 2 November 2026. Regulation 1 sets two dates:

• 25 November 2026: the instrument’s general commencement date.
• 25 November 2027: commencement of regulation 2(2), which replaces regulation 20 and introduces the appointment restriction.

The amendment extends to England, Wales and Scotland. The new restriction is therefore not yet in force on this article’s publication date.

The dates above follow the legislation as made. HSE’s initial press announcement gives a different November date; use regulation 1 for the legal commencement timetable.

Plan the handover, not just the removal

Picture a managed office building with tenants expecting a floor to reopen on Monday. The removal quotation includes “testing”, but nobody has checked who appoints the analyst, what the quoted work covers or who receives the clearance documentation. Those gaps need resolving before work starts.

Give one named manager responsibility for coordinating the client’s arrangements. Confirm the analyst’s appointment, access and reporting route. Put a clear hold point into the programme: a promised reopening date must not override the required clearance outcome.

HSE already strongly recommends independent sourcing and employment of the clearance analyst by the building owner or client. You can improve that arrangement now without waiting for the new restriction.

Keep the survey and clearance roles distinct. A management survey supports everyday occupation and management. Planned refurbishment may require a more intrusive survey covering the work area. Neither is a substitute for the clearance process required after relevant removal work. See HSE’s guidance on choosing an asbestos survey.

Five checks before your next asbestos order

1. Identify the client decision-maker. Agree who controls the appointments, programme and reopening arrangements across landlord, managing agent and occupier.
2. Read the actual scope. Separate the removal work from the analyst’s inspection, testing and certification responsibilities.
3. Check competence and accreditation. Verify that the providers’ credentials cover the work you are commissioning.
4. Agree the reporting route. Ensure the client receives the relevant clearance records directly and knows how unresolved issues will be escalated.
5. Update the purchasing process. Review standard quotations, approved-provider arrangements and future orders against the November 2027 change.

Record an owner and review date for each outstanding action. A purchasing-system change is easier to implement before an urgent maintenance job arrives.

Two questions property managers are asking

Does this mean every building needs asbestos removal?

No. This change concerns appointments for clearance certification. HSE explains that asbestos-containing materials in good condition can be managed in place where appropriate, with information kept current and precautions to prevent exposure. Get competent advice about the condition and likely disturbance of the materials in your premises.

Have the other consultation proposals become new legal duties?

HSE is developing guidance and other measures to improve survey quality, and continues to strongly recommend accredited surveying organisations. It is retaining notifiable non-licensed work as a category and developing clearer guidance. Those announcements should not be presented as a new blanket legal requirement for every survey to be accredited.