What is a landlord's responsibility around asbestos?

If you are a landlord worried about asbestos in your property, read on to get practical advice on how to join the effort without causing excessive strain on the viability of your property portfolio.

The update of asbestos safety regulations recognises two types of landlords:

• Residential

• Non-residential

Responsibilities of residential landlords and homeowners

The property owner is responsible for the safe management of any asbestos materials on the property.

Tenants are not responsible. But they do have a right to know whether and where asbestos might exist in the building they are renting.

Any home that was built after the year 2000 is probably safe from asbestos contamination; asbestos-laced building materials had been phased out of all New Zealand construction by that time.

If asbestos is contained within materials such as plasterboard, roofing tiles or other building products, the asbestos fibres are effectively prevented from doing harm. Once the microscopic fibres become airborne, they become dangerous to human health. This means that the removal of the asbestos materials can be planned over a longer period as long as the asbestos fibres remain in their compacted state.

These regulations give homeowners and residential landlords, the latitude to rely on other professional services to draw attention to asbestos management.

If, for example:

• A plumber is doing maintenance work, he will draw attention to asbestos pipe insulation if it exists and recommend how it can be safely removed and replaced with non-asbestos insulation.

• A roofer doing repairs notices that the tiles or shingles contain asbestos. He will draw this to the owner’s attention and recommend steps for safe removal.

A landlord need not rely completely on this advice. There is a range of licensed sampling and removal companies who can confirm asbestos content by safely taking samples and having those samples tested in a licensed laboratory. This would be a credible record of inspection to support the responsible management history of the property

And because residential owners are not required to have an asbestos management plan, it is possible that the real estate market will show a preference for homes that have a plan on file. These are not complex to prepare and can be given additional status if a licensed sampling and removal company signs off the document.

Responsibilities of non-residential owners and landlords

All non-residential properties are required to have an asbestos management plan.

The plan is intended to ensure all occupants of buildings can function safely in and around their places of work for the period, however long it may be, that all asbestos products have been replaced by safe materials.

The property owner is responsible for this plan. It must also be signed off by an independent licensed sampling and removal company.

Any structure that was built after the year 2000 is probably safe from asbestos contamination; asbestos-laced building materials had been phased out of all New Zealand construction by that time. Therefore an asbestos management plan is not needed on those instances.

If asbestos is contained within materials such as plaster board, roofing tiles or other products, the asbestos fibres are effectively prevented from doing harm. But once the microscopic fibres become airborne, they become dangerous to human health.

This means that:

• The removal of the asbestos materials can be planned over a longer period as long as the asbestos fibres remain in their compacted state.

• Owners can plan the removal and replacement of asbestos materials over a time frame which can accommodate the important factors of safety, budget and occupant convenience.

The starting point is to identify with the support of a licensed sampling company and a licensed testing laboratory, the locations and types of asbestos throughout s structure. It is also the responsibility of the landlord to ensure that all occupants of buildings have knowledge of these locations and how to ensure the asbestos can remain safe from airborne exposure until it is removed by licensed experts.

There are additional steps an owner can take, such as:

• Discreet notices at asbestos locations.

• Making sure a plan is held at reception and that all other services are given access to a copy of the plan when they arrive on-site, (as routine as signing in at reception).

• Briefings to occupants to encourage safe behaviour and discourage unnecessary concern.

Download our comprehensive e-book for landlords who may need to deal with asbestos.