Asbestos removal in your block: the contractor can no longer pick its own clearance inspector from 2027
New regulations made on 2 November 2026 stop a licensed asbestos removal contractor from appointing the analyst who signs off the area as clean. The change starts on 25 November 2027 and means the block company, as client, will usually appoint the analyst itself.
What happened
On 2 November 2026 the Department for Work and Pensions made the Control of Asbestos (Amendment etc.) Regulations 2026 (SI 2026/1153). They were laid before Parliament on 3 November 2026.
The main change rewrites regulation 20 of the Control of Asbestos Regulations 2012. After licensed asbestos removal, an accredited analyst carries out a “four-stage clearance” and decides whether the area is clean enough to issue a certificate for reoccupation. Under the new regulation 20(4), the analyst cannot be appointed by the employer who was responsible for cleaning the area. That is normally the licensed asbestos removal contractor.
The independence rule comes into force on 25 November 2027. The rest of the instrument, which only updates references to other regulations, comes into force on 25 November 2026. The regulations extend to England, Wales and Scotland.
HSE consulted on the change until 9 January 2026. Its consultation document said that since June 2024 the licensed contractor had appointed the analyst in 53% of notified jobs and the client in 46%, even though the approved code of practice has said since 2006 that the analyst should be independent.
What it means for your building
Many blocks built before 2000 contain asbestos somewhere in the shared parts, for example in ceiling tiles, pipe lagging in boiler rooms and risers, textured coatings, roof sheets or floor tiles. The company that owns or manages the building already has a duty under regulation 4 to manage asbestos in the common parts.
When a major works project disturbs licensed asbestos, for example replacing a communal boiler, rewiring risers, or doing fire-stopping work, the job ends with a four-stage clearance. From 25 November 2027, if the removal contractor quotes “clearance included”, that will no longer be allowed. Someone other than the contractor will have to appoint the analyst, and in a small self-managed block that will usually be the company itself or the surveyor running the project.
A worked example: a 24-flat 1970s block plans to strip asbestos lagging from the boiler room in spring 2028. The board should get two separate quotes, one from the licensed removal contractor and one from an accredited analyst, and budget for both. The analyst then reports to the company, not to the contractor, on whether the boiler room is safe to use again.
What to do now
- Find your asbestos survey and register for the shared areas. If you do not have one and the building is pre-2000, commissioning one is the first step.
- If major works are planned for after 25 November 2027, write the separate analyst appointment into the project plan and the section 20 consultation estimates.
- For work before that date, you can already follow HSE’s code of practice and appoint the analyst yourself. It removes the conflict of interest.
- Check that the analyst is accredited by UKAS for asbestos clearance work.
- Keep the clearance certificate with the building’s records and give a copy to the next contractor who works in that area.
This is general information, not legal advice. Commencement dates are from the regulations as made.
How Freeholdpilot helps
Freeholdpilot keeps the asbestos survey, register and clearance certificates in the building’s document store, adds re-inspection dates to the compliance calendar, and records board decisions and contractor appointments, so the company can show who was appointed for each job and why.
Questions
Does this affect our block if we are not removing any asbestos?
Not directly. The new rule only bites when licensed asbestos removal work is done and the area has to be cleared for people to use again. The existing duty to manage asbestos in the shared parts of older blocks carries on as before.
When does it start?
The independence rule comes into force on 25 November 2027. The regulations were made on 2 November 2026 and laid before Parliament on 3 November 2026. Until 25 November 2027 the old wording applies, although HSE's approved code of practice has said for nearly 20 years that the analyst should be independent.
Where does it apply?
England, Wales and Scotland. The regulations do not extend to Northern Ireland.
Who should appoint the analyst?
The regulations say only who must not, namely the employer who had to clean the area, which is normally the licensed removal contractor. In practice that leaves the client. In a resident-run block that may be the freehold, RTM or management company, or a surveyor or project manager it instructs. Take advice on your own project.
Sources
- legislation.gov.uk: The Control of Asbestos (Amendment etc.) Regulations 2026, SI 2026/1153 (made 2 November 2026)
- HSE: Legislative and guidance proposals for the Control of Asbestos Regulations 2012 (consultation, November 2025)
- legislation.gov.uk: Control of Asbestos Regulations 2012, regulation 4 (duty to manage)
This is general information about the law in England and Wales unless it says otherwise, not legal advice for your building. For advice, speak to a solicitor or ask us to introduce one of our partner firms. How we write the news · Report a mistake
