Legislation – HSWA (Asbestos) Regulations 2016

Did you know that from the 04 April 2018 the Health and Safety at Work (Asbestos) Act (HSWA) Regulations came into full effect and Residential Landlords
are affected by the requirements for safe management and removal of Asbestos!?

Well good for you if that is a ‘Yes,’ but, there is still much uncertainty among Residential Landlords as to exactly what they are accountable for and
what they are required to do in regards to the new asbestos regulations.

There will be many Residential Landlords and Body Corporates who don’t fully understand their obligations and do not want to risk breaching the law and
facing substantial fines.

And they are right because as per the old ‘rule-of-thumb’ adage:

“Ignorance Is No Excuse in the Eyes of the Law”

This article aims to provide an essential summary guide to residential landlords as to what is essential best practice.

Here are three Golden rules to follow in ensuring you as a Residential Landlord to stay on the right side of the law:

Three Golden Rules

  1. Know Your Property – does it have any asbestos and if so what, where, how much and what condition is it in?
  2. Risk Exposure – ensure your tenants and other property users are not exposed to the risk of friable asbestos
  3. Asbestos Management Plan – no matter how simple it is to have one. The plan shows where the asbestos is, what timetable is in place to leave or remove
    asbestos, what procedures to follow for workers and tenants (e.g. access areas, recording incidents, emergency contacts) 
How Am I Affected As a Landlord?

Here are four primary aspects to be aware...