Asbestos
Under the Health and Safety at Work( Asbestos) Regulations 2016, a rental property becomes a‘ workplace’ when work is planned or undertaken that could disturb asbestos-containing materials. In these situations, the landlord( as a PCBU) has legal duties to manage associated health risks.
LANDLORD RESPONSIBILITIES
If there’ s any risk of exposure to respirable asbestos fibres, landlords must:
• Identify asbestos( Regulation 10)
• Analyse samples( Regulation 11)
• Clearly indicate presence and location( Regulation 12)
• Create and maintain an asbestos management plan( Regulations 13-14).
This applies to any work( e. g., renovations, repairs, demolition) where asbestos exposure is a risk. Contractors and property managers are also considered PCBUs, and landlords cannot rely on them alone to meet obligations.
PROS
Full compliance reduces
Avoids delays or emergency accommodation costs
Costs are controlled and planned
PROS
No upfront cost if work is planned
Proactive approach
CONS
Reactive approach
Upfront assessment costs
Potential for immediate removal recommendations( and associated costs)
CONS
May delay urgent repairs
Higher costs in crisis situations
Greater risk of non-compliance and liability
WHEN DOES THE LAW APPLY?
Worksafe New Zealand clarifies that asbestos regulations apply when a rental property becomes a workplace( e. g., when work begins or is being planned). However, waiting until work begins before addressing asbestos-related concerns may increase exposure risk and the likelihood of non-compliance.
PROACTIVE VERSUS REACTIVE LANDLORD APPROACH
Ray White recommends a proactive approach to asbestos assessment and management before urgent work arises. See the following tables to better understand the nuances of a proactive vs reactive approach.
Ultimately, the decision rests with the landlord, but acting early provides peace of mind and avoids costly surprises.
HOW CAN WE HELP?
Ray White property managers are supported in asbestos best practice management and work closely with qualified assessors. We can:
• Help to coordinate assessments and management plans
• Provide guidance tailored to your property
• Ensure you meet all your PCBU obligations
For more, speak to your Ray White property manager or visit worksafe. govt. nz for official guidance.
LANDLORD INFORMATION GUIDE 33