Asbestos Requirements in Residential Tenancies

[flyernzl]

There has been much discussion - and panic - over the new asbestos testing and management of asbestos in residential tenancies requirements that are in force from 4th April.

Information from Worksafe is difficult to extract, but there are a number of commercial operators that are stating that every tenancy must be tested and a written plan established.

However, my attention has been drawn to the document on:

Management and removal of asbestos

at

https://worksafe.govt.nz/topic-and-industry/asbestos/management-and-removal-of-asbestos/

Which is the:

'Approved Code of Practice sets out WorkSafe New Zealand’s (WorkSafe) expectations
about how to comply with asbestos health and safety law, including the Health and
Safety at Work (Asbestos) Regulations 2016'.

Flicking though the requirements, you come to this:

7.9 Requirements for homes
Asbestos records are not needed for homes.

<snip>

Appendix K: Glossary
This glossary lists terms used in the code that either come from legislation,
or benefit from an explanation.
<snip>
Home
(a) means a place occupied as a dwelling-house; and
(b) includes any garden, yard, garage, outhouse or other appurtenance of a home.



So given that a residential rental is a home, are our tenancies exempt after all?

[AlFa]

You're right and I'm sick and tired of arguing with people about the fact that 1) LL indeed is PCBU but 2)only when another PCBU is present on site or LL carrying work himself.

It good on WS to make it perfectly clear in this sentence "If a PCBU carrying out demolition, refurbishment or removal, or intending to carry out this work in a home identifies asbestos, the PCBU must tell the homeowner, landlord (if applicable) and occupant about the asbestos so they can keep themselves and others safe."

[Sharon]

Interesting. Was asking number of PMs how they are approaching this. Some said they were not aware of the April provisons, point blank.
As above others also questioned if it would/should apply to residential rentals. Cost of testing appears expensive though note mere presence doesnt require removal - more about ID & management but all the same cost seems over the top.
Wondering if forth coming RTA review might see the issue treated same as insulation re - declaration on TA.
As with meth testing and possible changes around letting fee costs are approaching upwards. Poor advert for a Government seeking to increase pool of rental supply

[sidinz]

Here's what I don't get.......asbestos should be undisturbed. Undisturbed and encapsulated (e.g. by paint) the fibres can't do any damage. Breaking, drilling, sanding or cutting it produces the fibres that are so dangerous.
So just how are we supposed to get it tested without disturbing it?

[Kaye]

When I had one of the rentals I managed tested before EQ repairs all the Asbestos guys did was throw tape over where they'd dug into the wall really safe containment I thought not!!!

[flyernzl]

On the face of it, you are supposed to have a written asbestos management plan for each and every rental property in place by the 4^th April. We are past that date now, yet the obligations and requirements are still uncertain, and little help is forthcoming from OSH.

I have now had one property tested, at a cost of just under $1000, and the results have come back from the experts with the note ‘As no asbestos was identified there is no requirement for an Asbestos Management Plan’. Work that one out if you can!

[Kaye]

None in any of my properties that I manage now the EQ damaged one was gutted as part of the repairs.

[flyernzl]

Worksafe have now released a clarification document on the requirements for asbestos management within residential rentals.

The document can be found here:

https://worksafe.govt.nz/laws-and-regulations/operational-policy-framework/operational-policies/policy-clarification-residential-landlords-and-asbestos/

There is a news item at Scoop which relates to this issue.
www.scoop.co.nz/stories/BU1805/S00805/asbestos-clarifications-welcome-relief-for-landlords.htm

Within that item there is a statement from Bindi Norwell, Chief Executive at REINZ:

“The Guidance, released today, clarifies that asbestos management plans are required when there is a risk that asbestos fibres will be released into the air, for example, when renovations or other building work occurs. This means that asbestos management plans are not automatically required for all rental properties,”

[mrsaneperson]

Hopefully Asbestos panic will go the same way as the P propaganda - down the gurgler where it belongs.

[Davo36]

Hi guys, I have a commercial tenant who is asking about an asbestos report.

My property was totally gutted 8 years ago so no asbestos in it at all, but they are a large corporate, so still want it.

How can I go about getting one? My building is a mix of commercial and residential.

[flyernzl]

I had ATL do an asbestos report on my small two-level commercial.
Cost was about $1100.

[Davo36]

I had ATL do an asbestos report on my small two-level commercial.
Cost was about $1100.

Heck really? Money for jam aye?

[Davo36]

Guys, I got the asbestos report done, and bugger it, there is asbestos in my premises.

It's contained in a textured concrete type product that is on a brick wall. This would have been put on years and years ago. Maybe as long ago as the 50s or 60s.

It's painted, in good condition and basically poses no risk to anyone.

Do you guys reckon I could just gib over it? Is this allowed? Otherwise it could be removed, but it'd be a bit of a mission. The wall would be around 3m high by 15m long. I imagine it would cost quite a bit to have it removed.

Any advice appreciated.

[AlFa]

I reckon WorkSafe stance is you notify tenant about it (if commercial) or tradie who's going to work on your residential rental

[Davo36]

I reckon WorkSafe stance is you notify tenant about it (if commercial) or tradie who's going to work on your residential rental

Yesss... I understand that.

But I'm asking about the best way to proceed to make the premises as safe as possible i.e take care of the problem as best as possible.