Do you still have Asbestos in your building?
Asbestos is a banned building product that can no longer be used, despite this, it still exists in many buildings today. The product was banned from 31st December 2003.
All uses of asbestos were banned from 1st January 2004, except for existing asbestos material already in place known Asbestos Containing Material (ACM) and provided it was used in the same way prior to this date. Also that handling and disposal management applied to the existing material.
Only specially trained and qualified contractors should be handling ACM as repairs to ACM are not permitted. ACM that has been satisfactorily maintained and monitored can remain. There is a requirement at law to have an asbestos register at the building and any trades that are invited to the building to carry out repairs should be advised of its presence and location so that they may be informed of the location of any asbestos materials.
When any trades carry out work on anything that is ACM there are special guidelines on Work safe requirements so that work can be performed safely. A register of ACM and associated risk assessments must be reviewed at least every three years as referenced in the website under Dept. of Mines, Industry Regulation and Safety.
Asbestos & Insurance Effects
You should make insurers aware if you know ACM is a product used in or on the building, such as the roof. This information is important to the insurer for many reasons such as;
• The presence of ACM increases costs in replacement, due to increased costs for removal of debris & handling in the event of a claim
• Any claim at site may increase the cost of temporary accommodation & loss of rent, due to contamination risks following a claim
• Extra costly repairs, as handling ACM requires specialist trades, who are experienced in handling asbestos
• Work, health and safety - Increased compliance on the Council of Owners, to ensure they’re following the rules required for Asbestos Management
Many strata insurers will not insure buildings that contain ACM, such as rooves and the limited insurers who will charge a much higher premium, for many underwriting reasons including those stated above. Any acceptance for insuring property with ACM will depend, first and foremost on how well it is maintained.
The Strata Titles Act Reform
With new strata reforms just around the corner a 10-year maintenance plan is a new requirement for designated strata company’s which is;
Any scheme with a replacement value of $5,000,000 or more
All schemes 10 Lots or more
Strata Amendments Act 2018 [STAA 2018 s100 (2A)(a)(b)] & draft Strata Regulations S78(1)(a)&(b)
Further defined in the draft Strata Regulations S76 (1) (a-h), condition report and the method of estimate costs for maintenance are required. As an example, these new requirements would be relevant to designated strata buildings with an asbestos roof.
Reference & source of information https://strata.wa.gov.au/document-library | https://strata.wa.gov.au/ | https://www.commerce.wa.gov.au/worksafe/asbestos-frequently-asked-questions | www.worksafe.wa.gov.au Legislation | National code of practice for management and control of asbestos in workplaces [NOHSC: 2018] Safe removal of asbestos. 2nd edition. [NOHSC: 2002]
