Ignoring asbestos isn’t protection; it’s a massive legal and health liability. With 1 in 3 Australian homes bound to contain asbestos, landlords can face heavy fines, lawsuits, and tax complexities if not disclosed or removed. Don’t risk your investment or tenant safety. Read this blog to know why keeping an Asbestos Register is important for professional compliance as a legal safeguard.
Key Takeaways
- Legal Compliance is Mandatory: Properties built in Australia before 1990 often contain asbestos; failure to disclose them or maintain a register risks heavy fines and imprisonment.
- Registers Require Regular Updates: A compliant register must detail the location, condition, and risk level of ACMs, updated after renovations or damage.
- Financial Benefits of Remediation: The ATO allows tax deductions for “environmental protection activities,” making asbestos removal a savvy, tax-deductible investment for landlords.
Many homes built in Australia before 1990 contain asbestos, more if it has never had a major renovation. It is present in 1 out of every 3 homes, with asbestos cement products that make up around 95% of the remaining legacy asbestos in the already built environment. And landlords of these homes usually assume that ignorance is protection. Truth is, it isn’t.
More than 9 in 10 mesothelioma cases state asbestos exposure as the sole probable cause, making it a primary reason why asbestos is banned in Australia. Are you a landlord with a building made before 1990? Then this blog is for you. Know what the asbestos register needs so that you and your property remain legally compliant.
Why Asbestos is Still a Landlord’s Problem in 2026
Asbestos was banned in Australia on 31 December 2003, and the consequent asbestos import and manufacturing ban means that any building approved before that might contain ACMs. It is more dangerous when stable, non-friable asbestos is disturbed during renovations, storms, or a simple wall drilling.
If you are a landlord, you have to ensure that the building you are renting out is safe for the ones living in it. Liability does not require visible damage; failure to disclose, maintain, or prevent disturbance is enough to make you liable.
What the Law Actually Says – Liability Explained
Landlord asbestos obligations in Australia include following the Residential Tenancy Agreements (VIC & ACT), including the Land Agents Act 1994 (SA), and Real Estate and Business Agents and Sales Representatives Code of Conduct 2016 (WA).
Tradespeople and contractors are also protected parties, apart from tenants. If your licensed renovator or handyman disturbs ACMs, you will be exposed, so inform the handyman before they start working.
Landlords of commercial properties failing to comply with the Asbestos Management Code of Practice can be fined up to $60,000 or face imprisonment for up to 6 years.
| State/Territory | Must Disclose if Asbestos Report Exists? | Must Disclose LFAI Register Listing? | Penalty for Non-Disclosure | Key Legislation |
|---|---|---|---|---|
| NSW | Yes — must provide to the tenant with the lease | Yes — mandatory, ongoing duty | Tenant may terminate lease without compensation (14-day notice fixed term; 21-day periodic) | Residential Tenancies Act 2010; Home Building Act 1989 |
| VIC | Yes — if report available, must be provided | Yes | Grounds for the tenant to end the lease | Residential Tenancies Act 1997 (amended 2021); OHS Regulations 2017 |
| QLD | Yes — if available | Yes | Tenant may end tenancy (non-liveability grounds); regulatory fines apply | Residential Tenancies and Rooming Accommodation Act 2008; WHS Regulation 2011 (QLD) |
| SA | Yes — if available | Yes | Tenant may apply to SACAT | Residential Tenancies Act 1995 |
| WA | Yes — if available | Yes (if applicable) | Civil liability; the tenant may seek compensation | Residential Tenancies Act 1987; OSH Regulations 1996 |
| TAS | Yes — if available | Yes | The tenant may seek remedies at the tribunal | Residential Tenancy Act 1997 |
| ACT | Yes — mandatory; asbestos advice must accompany the lease if no report is available | Yes | Tenant can end tenancy; ACT requires a licence to remove any asbestos | Residential Tenancies Act 1997 (ACT); ACT Government Asbestos Policy |
| NT | Yes — if available | Yes | Tenant remedies via tribunal | Residential Tenancies Act 1999 |
Table 1: Australian State & Territory Asbestos Disclosure Requirements for Residential Landlords
Furthermore, the Australian Taxation Office (ATO) has published a specific ruling (TR 2020/2) that allows income tax deductions for expenditure on “environmental protection activities”. This covers asbestos removal costs for properties that produce income for the landlords. So, compliance with the laws doesn’t just offer legal protection. It can reduce your tax liability as well!
What a Compliant Asbestos Register Needs
The register is a formal document required under the WHS 2011 instructions that records the location, type, risk level, and condition of all the known or assumed asbestos-containing materials in a building. Here are the asbestos register requirements:
- Location of each identified or assumed ACM (room, building element, surface)
- Condition of the material (good, fair, poor, with date of assessment)
- Type of asbestos (friable vs. non-friable/bonded)
- Risk level assessment (low, medium, high)
- Name and licence number of the assessor who conducted the inspection
- Date of identification and date of last review
- A statement of nil-asbestos if no ACMs are identified (the register is still required)
- Any actions taken or planned (removal, encapsulation, monitoring)
Any work that disturbs existing asbestos or newly identified ACMs should be reflected in the register through timely updates. Landlords who commission a report once and do not update it are still non-compliant.
3 Trigger Events That Make the Register Non-Negotiable/Compliant
- Renovation or Refurbishment
- New Tenancy Commencement
- Damage to Property
Contact SERS for Asbestos Assessment & Remediation Services!
First, determine if your property was approved before 31st December 2003, then commission an asbestos inspection by a NATA-accredited assessor like SERS. If you have your register prepared and updated, just provide a copy of it to us and simply review your lease agreements. We will take care of the assessment and remediation for you!
Frequently Asked Questions
Does Home Insurance Cover Asbestos-related Claims?
Most standard policies exclude gradual pollutants like asbestos. Landlords often face out-of-pocket costs for contamination unless they have specific environmental or high-risk liability extensions.
Can I Remove Small Amounts of Asbestos Myself?
While some states allow DIY removal of under 10m² of non-friable asbestos, it is highly restricted to professionals in most states; check state EPA regulations before handling asbestos. Professional removal ensures safety and valid clearance certificates.
What is the Difference Between an Asbestos Register and a Management Plan?
The register identifies the location and condition of ACMs, while the management plan outlines specific procedures for monitoring, sealing, or removing them over time.
How Does Asbestos Affect My Property’s Market Value?
Undisclosed or unmanaged asbestos can deter buyers and lower valuations. Conversely, a clean clearance certificate and professional remediation history can actually protect your asset’s value.
