When it comes to managing asbestos within residential properties, there are obligations under ACT law if you:
- own or live in an affected property
- engage someone to provide services at an affected property
- provide professional services at an affected property
Under the Dangerous Substances Act 2004, homeowners are required to provide at least five business days' notice to WorkSafe ACT of any intended maintenance or building work that may disturb asbestos contamination in the roof space, wall cavity or sub-floor area.
Asbestos Management Plan
A homeowner of an affected property is required to:
- have a compliant Asbestos Management Plan for the property
- provide a copy of the plan to WorkSafe ACT
- give a copy of the plan to a worker before they enter the premises or conduct work
- make sure a warning sticker is in place in the meter box and switchboard to indicate that the property contains loose fill asbestos
Homeowners or occupiers:
- are also required to display the Asbestos Management Plan in an approved display case in a prominent location near the main entrance to the property
- will face penalties for
- not ensuring the Asbestos Management Plan is displayed in the approved case
- tampering with the case
The ACT Government continues to work closely with homeowners and occupiers to make them aware of their current obligations and any change to these obligations.
Find out more about your obligations as a homeowner or occupier.
An occupancy prohibition prevents affected properties from being occupied, following ownership transfer or the end of a rental agreement, by persons other than approved occupants.
Ending a tenancy
Tenants and landlords can end their residential tenancy agreement if the property is affected by loose fill asbestos insulation.
Find out more by reading the Residential tenancy agreements infosheet (326.4 KB) or the Residential tenancy agreements - Eligible Impacted Properties infosheet (328.8 KB).
Development and building approvals
Development and building work on affected properties is limited to:
- work that is essential for health, safety or reasonable living conditions or
- work associated with the demolition, including asbestos removal and structural demolition of the affected property
Some work is no longer exempt from requiring building and/or development approval. Applications for approval for such work must be submitted to the Environment, Planning and Sustainable Development Directorate and will be assessed on a case-by-case basis.
Find out more by reading the Guidelines on work essential for health, safety or reasonable living conditions at loose-fill asbestos affected premises.
This is in addition to notifying WorkSafe ACT at least five business days in advance about plans to undertake any intended maintenance or building work at the affected property that may disturb asbestos contamination.
There can be a range of reactions to learning you may have lived in, worked on or in, or even visited an affected property.
ACT Health has advised that just because a person has been exposed to loose fill asbestos insulation does not mean they will necessarily develop an asbestos related medical condition. However, people who are concerned about their health should seek advice from their general practitioner who can provide an assessment of individual circumstance and exposure risks.
Not on our list and concerned a property may have loose fill asbestos insulation? Find out more.
Find out more about:
- work considered essential for health, safety or reasonable living conditions
- types of asbestos
- Loose Fill Asbestos Insulation Eradication Scheme
- list of licensed asbestos assessors
- WorkSafe ACT
- Dangerous Substances Act 2004
Contact us for more information.