Asbestos is a topic that keeps coming up in conversation lately and there still appears to be a huge misperception about the Asbestos Abatement Regulations that were promulgated in 2020.

Here is a LINK to a set of explanatory notes from the Department of Labour, which clearly spells out that these regulations only apply to places of employment. These do not refer to ordinary residential properties unless they are used as places of work (domestic workers, could be included).

These regulations provide that where a property that also serves as a workplace, does have asbestos, then an inventory must be prepared, and the asbestos must be checked by a certified inspector and dealt with according to his/her recommendations. A compliance certificate must then also be obtained. These compliance certificates are not needed for a transfer and must please not be confused with the compliance certificates we are generally accustomed to (electrical; fencing; water; beetle and gas). These are merely to record that the required inventory has been registered etc.

Some asbestos treatment companies have created rumours saying that all houses must now have a COC for asbestos and/or that asbestos roofing is now illegal. This is false and misleading.

The bottom line is that asbestos is allowed, and it need not be pointed out as being a defect. Having an asbestos roof is not a defect. All that matters now is that if a property has asbestos and it is used as a workplace of any kind, then the property owner must comply with the regulations. The certificate that is obtained is not needed by the conveyancer either to attend to the transfer.

Here are some links to articles we have previously circulated on the topic of asbestos, should you wish to gain a better understanding of the topic.

ASBESTOS ROOFING – “TO BE, OR NOT TO BE?”
SELLING A HOUSE WITH AN ASBESTOS ROOF IS THIS STILL ALLOWED?
DEADLINE ALERT – ASBESTOS REGULATIONS – WHAT DOES THIS REALLY MEAN FOR PROPERTY PRACTITIONERS AND SELLERS/LANDLORDS?