Asbestos in Older Strata Buildings: What Owners Corporations Should Know
If your strata building was built before 2004, there’s a real chance it contains asbestos somewhere — in eaves, cladding, flooring, pipe lagging or a dozen other places it was routinely used. That’s not a reason to panic; undisturbed, in good condition, asbestos is generally low-risk. But it does come with obligations, and the moment someone drills into it during a repair, low-risk becomes serious. After thirty years managing Sydney buildings, here’s what an owners corporation of an older building should understand.
Why Older Buildings Are the Concern
Asbestos was widely used in construction until it was phased out, and buildings constructed before the end of 2003 are the ones where it’s commonly found. It could be in a range of common-property materials — and the risk isn’t the material sitting there intact, but the fibres released when it’s damaged, drilled, cut or disturbed. That’s why the danger so often arises not from the asbestos itself, but from maintenance or renovation work carried out without knowing it was there.
The Obligation: Register and Management Plan
Under work health and safety law, where an older building’s common property is a workplace — which, in practice, it generally is, because contractors, cleaners and tradespeople work there — a building constructed before 31 December 2003 is generally required to have an asbestos register and an asbestos management plan. The register identifies where asbestos or suspected asbestos-containing material is and its condition; the management plan sets out how it will be controlled, monitored and, over time, dealt with. Both must be available to contractors and anyone who might be at risk before they carry out work.
The register and plan aren’t static documents. They generally need reviewing at least every five years — and sooner if material is in poor condition, higher-risk, or is disturbed or removed.
Who Holds the Duty
The obligation rests firstly on the owners corporation, as the entity with management and control of the common property, though a strata manager may carry concurrent duties where powers have been delegated. There’s an important point here that gets missed: even where a residential scheme might argue a WHS exemption applies, the underlying common-law duty of care doesn’t go away. An owners corporation that knows, or ought to know, there’s asbestos and does nothing can be exposed to negligence claims regardless of the technical WHS position. ‘We weren’t sure the rules applied’ is not a defence if someone is harmed.
Getting It Done
For an older building without a current register, the sensible path is straightforward:
- Engage a licensed asbestos assessor or occupational hygienist to inspect the common property and identify asbestos or suspected material.
- Have a compliant asbestos register and management plan prepared from that inspection.
- Make the register available to contractors and anyone working on site — and make consulting it a standard step before any work begins.
- Keep it reviewed and updated — at least every five years, and immediately if asbestos is disturbed or removed.
- Plan, over time, to remove or remediate the higher-risk material, prioritised by the register.
The cost of establishing a register is modest — typically a few hundred dollars for a small scheme — and trivial next to the cost of an uncontrolled exposure.
The Renovation and Maintenance Trap
The most common way asbestos becomes a live danger in a strata building is through work — a lot-owner’s renovation, or a maintenance job — that disturbs material nobody knew was asbestos. This is exactly why the register matters operationally: every contractor and every renovation should check it before starting. If asbestos is discovered during works, the work must stop, the material must be handled by licensed professionals, and the situation managed according to the plan. An owners corporation on notice of asbestos has to act on it.
Where a Building Manager Fits In
Managing asbestos day to day is building-management work. We help ensure the register and management plan exist and stay current, make consulting the register a standard part of contractor and renovation onboarding, coordinate licensed assessors and removalists when needed, and make sure work stops and is handled properly if asbestos is disturbed. The owners corporation holds the legal duty and the strata manager handles governance and any delegated obligations; specialist assessors and licensed removalists do the technical work. The building manager is the continuous presence that makes sure the register is actually used — which is where most asbestos incidents are prevented or caused.
Frequently Asked Questions
Does our older building need an asbestos register?
Generally, if it was built before 31 December 2003 and its common property is a workplace — which it usually is, because contractors and trades work there — an asbestos register and management plan are required under WHS law. Even where a residential exemption might be argued, the common-law duty of care to manage a known hazard still applies. If your older building doesn’t have a current register, it’s worth arranging an inspection.
Is asbestos dangerous if we just leave it alone?
Asbestos that is intact, in good condition and undisturbed is generally low-risk — the danger comes from fibres released when it’s damaged, drilled, cut or disturbed. That’s why the register and management plan focus on knowing where it is and controlling it, and why the most common incidents happen during works that disturb material nobody knew was there.
How often does the asbestos register need updating?
Generally at least every five years, and sooner if material is in poor condition or higher-risk, or if asbestos is disturbed, removed or newly discovered. The register and management plan are meant to be live documents, updated as the situation changes, not filed away and forgotten.
What happens if asbestos is found during a renovation?
Work should stop, and the material should be assessed and handled by licensed professionals following the management plan, with occupants notified and authorities involved where required. An owners corporation that becomes aware of asbestos is on notice of a health and safety risk and must act on it — which is why checking the register before any work is so important.
Manage Asbestos Risk Properly
Building Management Australia is a Sydney building management firm — not a strata agent. Keeping the asbestos register current, making sure contractors consult it, and coordinating licensed specialists when needed is core building-management work, and we handle it alongside your strata manager. If your older building doesn’t have a clear handle on asbestos, request a proposal at bmaus.com.au or email Andrew directly at [email protected].
About the Author
Andrew Veron is the founder of Building Management Australia (BMA), an independent Sydney building management firm established in 1995. BMA is a building management company — not a strata agent — providing on-site and visiting building management, facilities management, concierge, cleaning and valet services to residential, commercial and mixed-use properties. Over the past 30 years, Andrew and the BMA team have managed buildings across the Eastern Suburbs, North Sydney, Inner Sydney, Parramatta and the Sydney CBD, with assets currently valued in excess of $3 billion under management. Because BMA is independent of any strata management firm, committees receive unbiased advice and transparent contractor relationships. Reach Andrew at [email protected] or bmaus.com.au.
This article is general information only and is not legal advice. Asbestos obligations depend on the building and its use and are set by work health and safety and other laws; owners corporations should obtain advice from licensed asbestos professionals and, where needed, a qualified lawyer.