Asbestos in homes

Problem

Property owners are often not aware that any home built before 1990 could contain asbestos. If owners do know about asbestos, they may be reluctant to disclose this to buyers or tenants if there is no legal requirement to do so.

This unknown means residents or workers are at risk of being exposed to asbestos fibres when asbestos materials are damaged or disturbed during building work, or if asbestos-containing building materials deteriorate. In fact residents and building trades workers are turning up in the disease statistics, suffering from mesothelioma and other asbestos-related diseases. This is often called the ‘third wave’ of asbestos disease sufferers. This is not an issue in commercial buildings, which are required to have asbestos registers under work health and safety laws.

Outcomes sought

• Property owners are aware of the presence and location of asbestos

Key issues to address

• There is currently no specific requirement for a purchaser or occupier of a residence in NSW to be informed where asbestos is or may be in a residential building. Introducing a requirement may lead to unintended effects, including devaluing of older homes, or presenting people with difficult information.
• Property owners may not be aware that their property contains asbestos, or if they are, may not disclose this information to buyers or tenants if not required to do so by law.
• Providing the right framework for notification – In some cases there are inconsistent provisions in various legislation about asbestos that could be confusing.