A number of new laws have been introduced to identify properties affected by loose-fill asbestos insulation and to protect residents, workers and communities.
New laws have been introduced under the Home Building Act 1989 to establish a publicly available Loose-Fill Asbestos Insulation Register. The Register identifies and records:
More information is available on the Public register of affected properties page on the NSW Fair Trading website.
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.
More information is available on the Mandatory tagging page on the NSW Fair Trading website.
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 is present in a property, this will be included in the prescribed matters to be disclosed.
Currently, a council may include information regarding loose-fill asbestos insulation in a home when issuing a certificate for that property. Alternatively, they may choose to include a generic statement on the possibility of loose-fill asbestos insulation in pre-1980s homes on all Section 149(5) certificates that it issues.
The Department of Planning and Environment will work with the Office of Local Government to develop generic wording on the possibility of loose-fill asbestos insulation in pre-1980s homes in identified local government areas for inclusion in Section 149(5) planning certificates.
The NSW Government is considering legislative amendments to the Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation 2010 to:
The Office of the Registrar General is responsible for implementing any future legislative changes in this regard.
The following amendments have been made to ensure tenants are notified of premises that are listed on the Loose-fill Asbestos Insulation Register (LFAI Register):
NSW Fair Trading has amended the Misrepresentation Guidelines to note loose-fill asbestos insulation as a material fact for the purposes of section 52 of the Property, Stock and Business Agents Act 2002 to ensure disclosure of loose-fill asbestos insulation in affected properties by real estate agents.
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