Why home buyers and DIYers need to think about asbestos in the home

What should I do if I don’t know if there is asbestos?

Home Buyers

As a home buyer, if you don’t know if there is asbestos in your home, you have some legal protections.

• The Sale of Land Amendment Act 2019 (Vic) came into effect on 1 March 2020 and introduced changes that prevent a vendor or agent from knowingly concealing material facts about a property, which is a fact that may influence someone in their purchase of a property.
• Consumer Affairs Victoria has released Material Fact Guidelines which include prior testing or investigations revealing asbestos as a material fact.

What this means is: if tests and investigations have been done and asbestos has been found in a home, and where vendors or agents know about it, they are required to inform buyers.

Vendors and agents can no longer rely on home buyers becoming aware through making their own enquiries or due diligence procedures.

Despite these positive changes to help protect home buyers, there is currently no obligation for vendors or agents to arrange for the asbestos testing of properties.

As a prospective buyer, it is worth asking if the owner is aware of asbestos in their property. 

Home Owners

A good starting point can be to request the building plans for the property from the local council. However, they are not always conclusive, can be incomplete, difficult to read, of poor quality, or altogether inaccessible – so don’t rely on them.

If in any doubt, it’s worth seeking a professional opinion for the testing and removal of asbestos. This can be relatively inexpensive and worth the peace of mind.

What should I do if there is asbestos in the home?

Asbestos is generally safe if it is kept in good condition, sealed and not disturbed. But if damaged, exposed or disturbed it can pose a serious risk.

If you become aware of damaged asbestos, or you are wishing to renovate an area which might contain it, the safest way to manage this is to contact a licensed asbestos removalist. They can arrange either for the testing or removal.

Many houses in Australia built prior to 1985 contained asbestos, so it is imperative that home buyers and owners arm themselves with an awareness of where asbestos may be located within the house, if suspected, obtain a professional opinion.

Help with asbestos claims and compensation

If you have any concerns that you may have been exposed to asbestos, it is important to make your treating doctors aware of your exposure and register your details on our asbestos exposure database.

 Our team of experienced lawyers can help you if you have been affected by asbestos, silica, and other dust-related illnesses. If you have been diagnosed with a dust disease, you may be entitled to compensation claim. Contact us today for a consultation and find out how we can assist you.