Homeowner and occupier responsibilities - Loose Fill Asbestos Coordination

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 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.

Occupancy prohibition

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 their property is affected by loose fill asbestos insulation or identified as an eligible impacted property.

Affected properties

Notice to terminate a residential agreement under these provisions must be given to the other party in writing within the following timeframes:

a tenant must give at least two (2) days notice to the landlord
a landlord must give at least one (1) week notice to the tenant

Financial assistance is available to both tenants and landlords if a tenancy is ended this way. Find out more about Relocation Concessions for tenants and landlords of affected properties.

Eligible impacted properties

Notice to terminate a residential agreement under these provisions must be given to the other party in writing within the following timeframes:

a tenant must give at least twenty-eight (28) days notice to the landlord
a landlord must give at least twenty-eight (28) days notice to the tenant

Financial assistance is available to eligible tenants if a tenancy is ended this way. Find out more about Relocation Concessions for tenants of eligible impacted properties.

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.

More information

Not on our list and concerned a property may have loose fill asbestos insulation? Find out more.

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