What laws relate to residential buildings?

• Asbestos Advice
• Asbestos Assessment Reports
• Home Owner Responsibilities
• Landlord Responsibilities
• Tenants

Asbestos laws affecting the residential sector commenced on 1 July 2006

These laws are designed to ensure greater awareness and protection for the industry and the community. By raising public awareness of materials containing asbestos and promoting better management of these materials, we can help reduce the future incidence of asbestos-related diseases.

Asbestos Advice

The Government has developed generic advice (Asbestos Advice) about the likely location of asbestos in residential premises built before 1985. This Asbestos Advice is based on the findings of an asbestos survey of over 600 homes undertaken by the ACT Asbestos Task Force. ACT laws require sellers and lessors of residential premises to provide the Asbestos Advice with a contract for sale and with a residential tenancy agreement. The law also requires building certifiers to provide the Asbestos Advice when issuing a building approval.

• Click here for a copy of this Asbestos Advice.

Asbestos Assessment Reports

The Dangerous Substances Act 2004 defines an asbestos assessment report for residential premises as a report prepared by an A class asbestos assessor that:

1. identifies the location, type and condition of asbestos in relation to the premises; and
2. assesses the risk resulting from the identified asbestos; and
3. advises how the asbestos should be managed; and
4. includes everything required by regulation to be included in the report.

While it is not compulsory to obtain an asbestos assessment report, if an owner/occupier has a current asbestos assessment report that has been undertaken by an A class licensed asbestos assessor, it must be provided at the following transaction points:

• sale of property;
• residential tenancy agreements;
• when engaging a tradesperson or maintenance worker to undertake construction or renovation work;
• when engaging a tradesperson or maintenance worker to undertake work prescribed by regulation; and
• building approval.

Home Owner Responsibilities

The Civil Law (Sale of Residential Property) Act 2003 states that:

• if there is a current asbestos assessment report for the premises, the seller must provide a copy of the report with a contract for sale;
• If there is no asbestos assessment for the premises, or, if a current asbestos assessment report for the premises exists but the seller cannot, after taking reasonable steps, find or get the report, they must provide the Asbestos Advice for the premises with a contract for sale, as it provides specific information about asbestos in and around the house being sold.

In addition, the Dangerous Substances Act 2004 states that if there is a current asbestos assessment report for residential premises that has been undertaken by an A class licensed asbestos assessor , you need to provide a copy of the report when you

• engage someone to provide a construction service at the premises; or
• engage someone to do other work prescribed by regulation

It is also recommended you talk to the person who is going to work on the property (e.g. maintenance and trades people) about the likelihood of asbestos on the premises, so that any materials containing asbestos can be safely managed.

Landlord Responsibilities

The Residential Tenancies Act 1997 states that:

• if there is an asbestos assessment report for the premises and the lessor can obtain a copy of the report after taking reasonable steps, they must provide the tenant with a copy of the report;
• If there is no asbestos assessment for the premises or the lessor cannot obtain the asbestos assessment report for the premises after taking reasonable steps, they must provide the tenant with the Asbestos Advice for the premises.

To accompany the Asbestos Advice, it's also a good idea to indicate to your tenants when the property was built and your management procedures for the asbestos at the premises (e.g. providing specific contact details for tenants concerned with the condition of asbestos at the premises).

If not already provided, the asbestos assessment report, the Asbestos Advice and any additional information should be provided to:

• all new tenants as part of their residential tenancy agreement; and
• all current tenants at the point of renewal of their residential tenancy agreement.

In addition, the Dangerous Substances Act 2004 states that if there is a current asbestos assessment report for residential (rental) premises that has been undertaken by an A class licensed asbestos assessor, you need to provide a copy of the report when you:

• engage someone to provide a construction service at the premises; or
• engage someone to do other work prescribed by regulation.

If you have an obligation to maintain and repair the premises, it is recommended that in addition to the giving the report, you talk to the person who is going to work on the property (e.g. maintenance and tradespeople) about the likelihood of asbestos on the premises, so that any materials containing asbestos can be safely managed.

Tenants

If you have an obligation to maintain and repair the premises, talk to the person who is going to work on the property (e.g. maintenance and tradespeople) about the likelihood of asbestos on the premises and provide them with a copy of the asbestos assessment report for the premises (if there is one), so that any materials containing asbestos can be safely managed.

Housing ACT Tenants

Housing ACT tenants are reminded that they are not to undertake any home renovations without consulting Housing ACT. Tenants who have any concerns can contact WorkSafe ACT on 6207 3000 or Canberra Connect on 13 22 81.