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  1. #1
    Join Date
    Mar 2007
    Location
    Auckland
    Posts
    2,830

    Default Asbestos Requirements in Residential Tenancies

    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-i...l-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?
    Last edited by flyernzl; 12-04-2018 at 05:39 PM.

  2. #2
    Join Date
    Oct 2015
    Location
    Auckland
    Posts
    293

    Default

    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."

  3. #3
    Join Date
    Dec 2007
    Location
    Hamilton
    Posts
    179

    Default

    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

  4. #4
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,538

    Default

    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?
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  5. #5
    Join Date
    Aug 2010
    Location
    Christchurch
    Posts
    188

    Default

    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!!!

  6. #6
    Join Date
    Mar 2007
    Location
    Auckland
    Posts
    2,830

    Default

    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 4th 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!

  7. #7
    Join Date
    Aug 2010
    Location
    Christchurch
    Posts
    188

    Default

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


 

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