New asbestos permitting requirements

The Exposure to Asbestos Regulations were significantly amended in December 2025. Our Planning & Environment and Health & Safety teams look at some of the key changes for employers to be familiar with. These include new permit requirements and measuring standards.

What you need to know

The Exposure to Asbestos Regulations[1] were significantly amended at the end of 2025.[2] Some of the key amendments include:

• The introduction of a permit requirement for carrying out work activities that could expose workers to dust from asbestos materials. This replaces the former notification system that was in place since 2006.
• A requirement to prioritise the removal of asbestos over other forms of handling.
• Replacement of WHO 1997 guidance with more modern methods for measuring asbestos in air.
• The introduction of a new Code of Practice that will set new exposure limit values.

Background

Exposure to asbestos is strictly regulated under EU and Irish law, including health and safety legislation. The purpose of these rules is to protect public health and worker safety. The overall aim is to prevent exposure to airborne asbestos fibres that are known to cause fatal diseases. In broad terms, new asbestos containing materials (ACMs) have been banned from being placed on the market since 2000. Where there is existing asbestos in a workplace, strict rules apply if there is a risk of exposure during work activities.

For example, up to 30 December 2025, the Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 – 2010 (the Regulations) required employers to:

1. Carry out risk assessments to determine the nature and degree of the risk of exposure to dust arising from ACMs.
2. Ensure no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fibres per cm³ as an eight-hour time-weighted average (TWA).
3. If the number of asbestos fibres exceeds this exposure limit value, employers must regularly measure the amount of asbestos in the air. Methods for measuring had to align with the 1997 World Health Organisation (WHO) recommended method or any other method giving equivalent results.
4. Where there is a risk of workers being exposed to ACMs, employers must design work processes and systems of work so as not to produce asbestos dust.
5. Where work activities would expose workers to dust from ACMs, employers had to first notify the HSA in writing. The notification had to be submitted at least 14 days in advance and be accompanied by a ‘plan of work’.
6. Before commencing demolition, removal or maintenance work, employers had to take all necessary steps to identify presumed ACMs at the subject premises.

New requirements

The Minister for Enterprise, Tourism and Employment published significant amendments to the Regulations on 30 December 2025. For example:

1. Risk assessments must now also prioritise removal of ACMs in favour of any other form of handling.
2. The prescribed exposure limit value is to be replaced by new limitation values that will be set out in a Code of Practice by the Health and Safety Authority (HSA).
3. The WHO’s 1997 recommended method for measuring the amount of asbestos in air no longer applies. Instead, the prescribed method is electron microscopy or any alternative method that provides equivalent or more accurate results.
4. The amended regulations specify measures for avoiding the release of asbestos dust into the air. These measures must be included in work processes and systems of work.
5. The notification to the HSA procedure has been replaced by a permit procedure. Employers are now prohibited from carrying out activities that would expose a worker to dust arising from ACMs unless the employer has met certain requirements. For example:
   1. Provided training to workers
   2. Prepared a written notification in accordance with Schedule 3 of the Regulations
   3. Submitted the notification, a ‘plan of work’, and risk assessment to the HSA at least 10 days before commencing the activity, and
   4. Received a permit number from the HSA. Permit numbers will be made available in a public register.
6. The obligations for identifying ACMs have been significantly amended. Before beginning demolition, maintenance or renovation work on premises built before 31 December 2004, employers must take all necessary steps to identify presumed ACMs.

Next steps

It is critical that employers are familiar with these amendments to the Regulations. Compliance with the Regulations is critical to ensure the health and safety of workers. By failing to comply, employers could be liable to enforcement action by the HSA and civil actions by workers. There are significant fines and penalties for failing to comply with health and safety legislation. Directors, managers and other similar officers of a company can also be held liable for offences committed by a company. To try to reduce the potential for personal liability, directors, managers and other company officers should ensure they are familiar with the obligations and actively monitor their company’s compliance.

For more information, please contact a member of our Planning & Environment team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.p

[1] S.I. No. 386/2006 - Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 as amended by S.I. No. 589/2010 - Safety, Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations 2010.

[2] By S.I. No. 632/2025 - Safety, Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations 2025