What do Bodies Corporate Need to Know About Asbestos Compliance?

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WorkSafe NZ has recently updated its national guidelines for managing asbestos in buildings and workplaces. If your body corporate has not met its asbestos compliance obligations, and you knowingly send contractors, staff, or other individuals to the property for work, you are at risk of significant penalties and legal action, as well as endangering the health of those involved. 

What’s New in the Updated WorkSafe NZ Guidelines?

The updated guidelines, released in late 2024, place a stronger emphasis on asbestos risk management. WorkSafe NZ is expected to increase site inspections and enforce penalties for non-compliance. In extreme cases, if a contractor damages asbestos and exposes themselves or residents, the body corporate could face fines of up to $3 million. The body corporate’s insurance is unlikely to cover such fines.  

Who is Responsible for Asbestos Compliance?

In New Zealand, bodies corporate are considered to be a Person Conducting a Business or Undertaking (PCBU) and have significant legal responsibilities under the Health & Safety at Work Act regarding the health and safety of individuals living, working, or attending the site.  

As a legal minimum, bodies corporate must: 

1. Identify or assume the presence of asbestos onsite.
2. Maintain an asbestos management plan and register accessible to all workers, contractors, and residents. 
3. Address any high-risk, friable asbestos according to the regulations. 
4. Inform workers, contractors, and subcontractors about the asbestos location. 
5. Review and update the asbestos management plan every five years. 
   
   

Which Buildings are of Highest Risk of Asbestos? 

Buildings constructed before 1 January 2000 are more likely to contain asbestos, while the risk of asbestos being present in buildings built after this date is lower. Unidentified or damaged asbestos materials can pose a health risk to workers and others in the workplace.

What Happens if Your Body Corporate Fails to Meet Compliance Requirements?

If your pre-2000 buildings have not been assessed, your body corporate is failing to meet legal obligations. Once your building undergoes asbestos surveys, you can either confirm no asbestos risk exists or establish a management plan to ensure safety.

It is vital to maintain a timeline of your body corporate’s asbestos surveys and assessments. Missing the five-year review deadline could result in a fine of up to $100,000.  

How Should You Inform Contractors About Asbestos Risks?

By providing contractors with the asbestos register and management plan or making it available onsite, you are meeting your obligations under Section 10(2) of the Health & Safety at Work (Asbestos) Regulations 2016. 

Is it Enough to Inform Contractors that Asbestos May be Present? 

No. Simply stating that a building “might” contain asbestos is not enough. You must provide specific information about the location and condition of the asbestos. Failing to provide such details puts contractors at significant risk and fails to meet legal requirements. 

FAQs

1. What are the legal consequences of asbestos non-compliance for a body corporate?
   Failure to comply with asbestos regulations can result in fines of up to $100,000 for missing assessment deadlines and up to $3 million in severe cases where asbestos exposure occurs.

2. How often should a body corporate review its asbestos management plan?
   WorkSafe NZ requires bodies corporate to review and update their asbestos management plan at least every five years to remain compliant. 

3. What should a body corporate do if asbestos is found on the property?
   If asbestos is identified, the body corporate must create a management plan, maintain an asbestos register, inform all contractors and residents, and safely remove or contain high-risk materials. 
   
   

Not a Crockers Body Corporate client yet? Get in touch with our friendly BC Business Development team at  09 968 3311 or email  bc@crockers.co.nz, and they'll be happy to help.