Asbestos – Who is responsible? Body Corporates.
When it comes to asbestos there are many people responsible for ensuring the health and safety of people on site is managed.
Body corporates, which are described as a group of unit title owners who are made up of all the unit owners are considered one of these. An example of a body corporate would be, you own an apartment in an apartment building or a car park in a car parking building. Below gives an in-depth understanding of the Asbestos liability for body corporates.
Asbestos regulations state that there is a “duty to prepare an asbestos management plan” and applies if asbestos is “identified at a workplace under regulation 10; “or “likely to be present at a workplace from time to time”. “A BCBU with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared”.
The Unit Titles Act 2010 also states “building elements includes the external and internal components of any part of a building or land on a unit plan that are necessary to the structural integrity of the building, the exterior aesthetics of the building, or the health and safety of persons who occupy or use the building and including, without limitation, the roof, balconies, decks, cladding systems, foundation systems”.
This means that any body-corporate property where the age of the building is prior to 2000 is required by legislation to identify and manage asbestos. It is important to note that if asbestos has been assumed e.g. you think it might be there, you will need to carry out all works in accordance with WorkSafe’s approved methods.
Failure to comply with current asbestos regulations is an offence and is liable for conviction a) for an individual, to a fine not exceeding $10,000: b) for any other person, to a fine not exceeding $50,000.
If you think your property has asbestos it is always safer to get it checked than risk the repercussions of not doing so. Call us today to book your asbestos survey or management plan 0800 422 387.