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.
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.
The Dangerous Substances Act 2004 defines an asbestos assessment report for residential premises as a report prepared by an A class asbestos assessor that:
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:
The Civil Law (Sale of Residential Property) Act 2003 states that:
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
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.
The Residential Tenancies Act 1997 states that:
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:
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:
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.
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 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.
Penalties apply for non-compliance with these laws.
Click here for information on how to safely work with asbestos.
Click here for information on how to safely remove asbestos.
Click here for information on how to safely dispose of asbestos.
