A number of new laws have been introduced to identify properties affected by loose-fill asbestos insulation (LFAI) and to protect residents, workers and communities.
Loose-Fill Asbestos Insulation Register
- NSW premises where the presence of loose-fill asbestos insulation (LFAI) has been confirmed, and
- NSW premises where the Government is satisfied there is substantial evidence LFAI is present at the premises.
Visit the public register of affected properties page for more information.
To ensure the health and safety of emergency service workers, tradespeople, maintenance workers and service providers, the new laws require mandatory hazard labelling (or 'tagging') of properties that appear on the Register.
Visit the mandatory tagging page for more information.
Amendment to section 149(2) Certificates
Changes have been made to the Environmental Planning and Assessment Regulation 2000 to add a property being listed on the Loose-fill Asbestos Insulation Register as a matter to be included on a section 149(2) planning certificate.
Where it is confirmed via the Register that loose-fill asbestos insulation (LFAI) is present in a property, this will be included in the prescribed matters to be disclosed.
Section 149(5) Planning Certificates
Currently, a council may include information regarding LFAI in a home when issuing a certificate for that property. Alternatively, they may choose to include a generic statement on the possibility of LFAI in pre-1980s homes on all section 149(5) certificates that it issues.
The NSW Government provides councils with suggested wording on the possibility of LFAI in pre-1980s homes in identified local government areas (LGAs) for inclusion in section 149(5) planning certificates. It is included in the guidance on section 149 planning certificate notations regarding loose-fill asbestos insulation in residential properties Regulation Amendment: Loose-fill asbestos insulation notations on section 149 planning certificates.
The regulation amendment suggested wording includes that:
- Some residential homes located in the LGA have been identified as containing LFAI, for example in the roof space.
- NSW Fair Trading maintains a Register of homes that are affected by LFAI.
- You should make your own enquiries as to the age of the buildings on the land to which this certificate relates.
Property transaction notifications
The NSW Government has introduced an amendment to the Conveyancing (Sale of Land) Regulation 2017 to warn purchasers about loose-fill asbestos insulation (LFAI). Under the amendment, Contracts of Sale must include a standard warning about LFAI. The warning strongly advises purchasers to:
- Consider the possibility of the property containing LFAI
- Search the LFAI Register for the residential premises
- Contact the relevant council regarding whether it holds any records showing that the residential premises contain LFAI.
The following amendments have been made to ensure tenants are notified of premises that are listed on the LFAI Register:
- Amendment of the New tenant checklist to specifically include a property being listed on the LFAI Register
- Amendment of clause 7 of the Residential Tenancies Regulation 2010 to add a property being listed on the LFAI Register as a material fact that must be disclosed to potential tenants
- The standard Residential Tenancy Agreement (Residential Tenancies Regulation 2010) requires disclosure during a tenancy if the property is listed on the Register.
Real estate agents
NSW Fair Trading has amended the Misrepresentation Guidelines to note LFAI as a material fact for the purposes of section 52 of the Property, Stock and Business Agents Act 2002. This is to ensure disclosure of LFAI in affected properties.