Summary

The Control of Asbestos Regulations 2012 (CAR 2012) divides asbestos work into three tiers: licensed work, notifiable non-licensed work (NNLW), and non-notifiable non-licensed work. The NNLW category was introduced to capture tasks that fall below the licensing threshold but still carry enough risk to warrant formal oversight. Tradespeople working in this category must understand their exact obligations — failure to notify or maintain records is a criminal offence under CAR 2012.

NNLW work is characterised by sporadic, low-intensity fibre exposure that does not exceed the control limit of 0.1 fibres per cubic centimetre (f/cm³) averaged over four hours. Typical examples include occasional drilling through asbestos cement sheets, cutting small sections of AIB (asbestos insulating board) for access, or removing textured coatings (such as Artex) from a limited area. If exposure levels are likely to be higher, or if the work cannot be classed as sporadic and low-intensity, it must be treated as licensed work.

Employers and self-employed tradespeople conducting NNLW must notify the relevant enforcing authority before work begins, arrange medical surveillance for all workers, and keep health records for a minimum of 40 years. These obligations continue even if the worker changes employer. Understanding these requirements protects tradespeople legally and ensures workers receive appropriate health monitoring for a disease that can take 15–60 years to become symptomatic.

Key Facts

  • Control limit — 0.1 fibres per cubic centimetre of air averaged over any four-hour period (CAR 2012, Regulation 1)
  • Short-term limit — 0.6 f/cm³ averaged over any 10-minute period
  • Notification deadline — must be made to the HSE (or local authority where applicable) before work starts; there is no prescribed minimum notice period in legislation, but HSE guidance recommends as early as practicable
  • Medical surveillance interval — at least every 3 years for workers doing NNLW (CAR 2012, Regulation 22)
  • Health record retention — minimum 40 years from the date of the last entry (CAR 2012, Regulation 22(5))
  • NNLW definition trigger — work that is non-licensed but involves asbestos materials where the exposure is sporadic and low-intensity but cannot be confirmed as being below 0.1 f/cm³ without air monitoring
  • Notification method — HSE online notification system (NNLW Notification Portal) or written notification for local authority-enforced premises
  • Worker training requirement — Category B asbestos awareness plus NNLW-specific training before undertaking this work
  • Employer's duty — includes sole traders employing themselves; self-employed persons are treated as both employer and employee under CAR 2012
  • AIB (asbestos insulating board) — minor works such as drilling one or two holes can be NNLW; larger-scale AIB removal is licensed work
  • Asbestos cement — drilling, cutting, or breaking is typically NNLW provided duration is short and RPE is used
  • Textured coatings — removal can be NNLW or licensed depending on area and method; dry scraping or sanding is more likely to require a licence
  • Medical examination content — must be conducted by an Employment Medical Adviser or appointed doctor; includes lung function tests and chest examination
  • HSE fee for intervention (FFI) — inspectors can charge hourly rates where NNLW obligations are not met; rates are reviewed annually [verify current rate with HSE]
  • Asbestos register — the duty holder for the premises must be consulted and the asbestos register reviewed before any NNLW commences

Quick Reference Table

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Obligation Requirement Timing
Notify HSE/LA Online or written notification Before work starts
Medical surveillance Examination by approved doctor or EMA Before first NNLW exposure, then every 3 years
Health records Individual record per worker Kept for 40 years
Training Cat B awareness + NNLW training Before undertaking work
RPE Minimum FFP3 disposable or half-mask P3 During work
Air monitoring Required if exposure level uncertain Before or during work
Asbestos register check Review site register, obtain type confirmation Before work starts
Written plan of work Required for all NNLW Before work starts
Waste handling Double-bag, label, consignment note At point of generation

Detailed Guidance

What Counts as NNLW

The dividing line between non-licensed non-notifiable work and NNLW rests on whether exposure can be confirmed as sporadic, low-intensity, and unlikely to exceed the control limit. HSE's own worked examples (ACoP L143) give practical guidance:

  • Drilling one or two holes in asbestos cement roofing: typically NNLW
  • Cutting an asbestos cement sheet: may be NNLW if short duration; consider wetting
  • Removing a small area of textured coating (Artex): depends on method and area — see asbestos in textured coatings
  • Breaking out AIB ceiling tiles in a confined space: likely to require a licence
  • Short-duration pipe lagging disturbance for access: may be NNLW if chrysotile only and method is careful encapsulation

If in doubt, the work should be treated as licensed. The HSE takes a "if it's borderline, it's licensed" position during enforcement.

How to Notify the HSE

Notification is made through the HSE's online NNLW notification portal at hse.gov.uk. For premises enforced by the local authority (shops, offices, hotels), notification goes to the relevant local environmental health department rather than HSE.

The notification must include:

  • Name and address of the employer
  • Address of the premises where work will be done
  • Brief description of the work and the asbestos materials involved
  • Anticipated start date and duration
  • Names of all workers who will be doing the work

There is no fee for notification. The notification does not constitute HSE approval — it is a regulatory record. HSE may contact the notifier if they have concerns about the work scope.

For recurring work at multiple sites, each site requires a separate notification. Some employers who conduct frequent NNLW notify on a project-by-project basis; others issue standing notifications for recurring tasks at a named premises — check with HSE for acceptability of standing notifications in your specific circumstances.

Medical Surveillance Requirements

Medical surveillance under CAR 2012 Regulation 22 must be carried out by an Employment Medical Adviser (EMA) employed by HSE, or a doctor appointed by HSE for this purpose. GPs cannot certify NNLW medical surveillance unless they hold an HSE appointment.

The examination must:

  1. Take place before a worker first undertakes NNLW exposure
  2. Be repeated at intervals of no more than 3 years while they continue to do NNLW
  3. Include a clinical examination of the chest
  4. Include a review of the worker's medical history relevant to asbestos exposure
  5. Record findings and issue a health record

Many occupational health providers offer appointed doctor services. Tradespeople working for themselves must arrange and pay for their own medical surveillance.

The cost is not fixed by regulation — commercial rates apply. Expect to pay between £80 and £200 per examination [verify current market rates]. This is a legitimate business cost and should be factored into NNLW job pricing.

Health Record Keeping

Each worker must have an individual health record that is kept for 40 years from the last entry. The record must include:

  • Full name and date of birth of the worker
  • Sex
  • Permanent address and NI number
  • Details of NNLW activities undertaken
  • Date of each medical surveillance examination
  • Name and signature of the examining doctor

The 40-year retention period reflects the long latency of asbestos-related diseases (mesothelioma can appear 15–60 years after exposure). Records must be available for inspection by the worker, their GP, and HSE inspectors.

If a business ceases trading, health records must not simply be destroyed. They should be offered to the workers themselves or to the HSE for retention. CAR 2012 places ongoing custodial responsibility on whoever holds them.

Written Plan of Work

Before any NNLW commences, a written plan of work is required (CAR 2012, Regulation 7). This does not need to be an elaborate document, but must cover:

  • Nature of the asbestos-containing material and its condition
  • Location of the work
  • Working methods to be used, including how asbestos disturbance will be minimised
  • RPE and PPE to be used
  • Decontamination procedures
  • Waste disposal arrangements

A site-specific plan of work should be prepared for each job. Generic method statements do not satisfy the requirement if they do not address the specific materials and conditions on site.

Frequently Asked Questions

Do I need an HSE licence to do NNLW?

No. NNLW does not require an HSE asbestos removal licence. However, you must notify the HSE (or local authority) before the work starts, ensure workers have NNLW-specific training, arrange medical surveillance, and maintain health records. The absence of a licence requirement does not mean the work is unregulated — it is subject to its own specific duties under CAR 2012.

Can I notify the HSE on the same day as the work?

The legislation requires notification to be made before work starts. There is no fixed statutory minimum advance notice period for NNLW under CAR 2012 Regulation 9 — the 14-day advance notice requirement applies to licensed work under Regulation 8, not NNLW. For NNLW, the L143 ACOP guidance is that notification should be made as early as practicable before work commences. Notification must be submitted before work begins; HSE guidance recommends as much advance notice as possible. HSE inspectors view last-minute notifications unfavourably — aim to notify at least 24–48 hours in advance where practicable.

What happens if I fail to notify?

Failure to notify before undertaking NNLW is a criminal offence under CAR 2012. Enforcement action can include a prohibition notice stopping the work, improvement notices, fixed penalty notices, or prosecution. HSE's Fee for Intervention (FFI) scheme also means you may be billed for the time spent by the inspector dealing with the breach.

Does medical surveillance apply to the client or just the workers?

Medical surveillance applies to the workers doing the NNLW — not to building owners, clients, or bystanders. If you are a sole trader doing the work yourself, you are the worker and the employer, so you must arrange your own medical surveillance. The client has no medical surveillance obligation under CAR 2012.

Can I use a normal GP for the medical surveillance examination?

No. The examination must be carried out by an Employment Medical Adviser or a doctor appointed by HSE specifically for this purpose. Your GP is not qualified to conduct a CAR 2012 medical surveillance examination unless they hold an HSE appointment. Contact the Society of Occupational Medicine or an occupational health provider to find an appointed doctor in your area.

Regulations & Standards

  • Control of Asbestos Regulations 2012 (SI 2012/632) — primary legislation governing all asbestos work in Great Britain; Regulations 7 (plan of work), 9 (notification), 22 (health surveillance), 23 (health records)

  • L143 Managing and Working with Asbestos (ACoP) — HSE Approved Code of Practice; provides legally admissible guidance on NNLW definitions and employer duties

  • CAR 2012 Schedule 2 — criteria distinguishing licensed, NNLW, and non-notifiable work

  • Health and Safety at Work etc. Act 1974 — overarching duty of care; underpins CAR 2012 enforcement powers

  • Control of Substances Hazardous to Health Regulations 2002 (COSHH) — applies in parallel; asbestos has its own ACoP under CAR 2012 but COSHH principles also apply

  • Control of Asbestos Regulations 2012 — full statutory text

  • L143 Managing and Working with Asbestos ACoP — HSE Approved Code of Practice and guidance

  • HSE NNLW guidance page — overview of NNLW duties and notification process

  • HSE Fee for Intervention — hourly rates for material breaches during inspection

  • asbestos removal enclosure setup — enclosure requirements for higher-risk asbestos work

  • asbestos ppe and respirators — RPE selection for NNLW tasks

  • asbestos waste disposal — waste handling obligations that apply alongside NNLW duties

  • asbestos in textured coatings — guidance on when textured coating removal is NNLW vs licensed