Homeowners and tenants

Information for homeowners and tenants about dealing with asbestos in domestic premises.
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Identifying asbestos in the home

Asbestos is a naturally occurring mineral that was commonly used in building materials, especially in homes built before 1990. Because asbestos can cause cancers, a nationwide ban on its manufacture, import and use came into effect in Australia on 31 December 2003.

Asbestos is usually safe if it is in good condition and left undisturbed. It becomes hazardous when damaged, deteriorating, or disturbed as this can release fibres that pose serious health risks. Asbestos is still present in many older homes. It is often hidden and may be found in roofing, walls, flooring, insulation and even decorative finishes.

Since asbestos isn’t easy to spot, homeowners and tenants should always use a competent person to check if asbestos is present.

Read more about asbestos in and around the home.

While there is no specific law in Western Australia that requires sellers or landlords to automatically disclose asbestos, it is recognised by Consumer Protection as a material fact for the purposes of the Real Estate and Business Agents Code of Conduct 2016 and the Australian Consumer Law.  As such, sellers, landlords and real estate agents are required to make reasonable efforts to ascertain and communicate materials facts, including the presence of asbestos where known.

If they are aware of asbestos, they must tell you when asked or when it could influence your safety or your decision to buy or rent the property. Agents are also required to make reasonable efforts to find out and pass on material facts provided by the owner.  If they don’t, they can be subject to legal action.

If you are buying or renting a house built before 1990, you can ask for the asbestos-containing products to be included in the building inspection report. Find out what material facts agents must disclose when buying a home in Western Australia.

The Asbestos and Silica Safety Eradication Agency (ASSEA) also has detailed information on the disclosure of asbestos in residential properties.

Reporting and enforcement

Your local council is responsible for managing complaints and enforcing regulations regarding asbestos found in residential properties.

Homeowners – renovation and repairs

If asbestos-containing materials are in good condition, the safest option is to leave them undisturbed. Do not sand, drill, cut or use high-pressure water or air on these materials as it can release harmful fibres. If damage occurs, keep people away from the area, avoid disturbing the material further and get advice from a competent person. 

If your property has asbestos cement sheeting such as roofs or fences, consider replacing it with safer materials. Even small jobs such as installing shelves or replacing tiles can expose hidden asbestos in older homes. Handling asbestos without proper controls is dangerous and may be illegal.

To help identify possible asbestos products, use the online Asbestos product guide developed by the ASSEA or speak with a licensed asbestos professional before you start any work.

Learn more about Asbestos in the home and Asbestos safety for householders and home renovators.

Asbestos removal

Unlicensed removal of asbestos is permitted for areas under 10m², however, it is not recommended due to the serious health risks. Licensed asbestos removalists are trained to follow strict safety and disposal procedures.

Asbestos must never be placed in general waste or skip bins. Incorrect disposal can put workers and the community at risk and may breach the law.

Find out what you need to know about asbestos removal.

Tenants

Many tenants will find themselves living in or considering a property built when asbestos was commonly used. It’s important to recognise possible warning signs and understand your rights when renting a property that may contain asbestos.

Rental property inspection – how to look for signs of asbestos 

Older homes often contain asbestos in eaves, wall cladding, ceilings and under tiles. Asbestos is usually safe if sealed and in good condition. It can become dangerous when damaged, exposed, cut or broken.

When inspecting a property:

  • consider the age of the building
  • look for signs of wear, damage or previous repairs
  • pay close attention to external structures such as garages, sheds and bungalows which are often older, in poorer condition and can present a higher risk.

Rental property – disclosure of asbestos

While there is no specific legal requirement in Western Australia for landlords and real estate agents to disclose asbestos when renting out a property to a tenant, they must not mislead tenants or withhold material facts and are required to disclose any known asbestos when asked or when it is relevant to the safety or decision‑making of the tenant. If an asbestos inspection report exists, it should be provided as part of good practice, however is not required by law.

Learn more about disclosure of asbestos in residential property

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