Asbestos in NSW residential renovations: when a licensed removalist is required

Why asbestos matters

Asbestos remains in many NSW residential buildings constructed or renovated before 1990. Fibre cement sheets in eaves, soffits, bathroom and laundry walls, ceiling sheets and bonded vinyl floor tiles are the common bonded-asbestos sources. Loose-fill insulation in some Canberra-region and far-south-coast NSW houses is the well-known friable form and is the subject of a separate NSW government remediation program.

Inhaled asbestos fibres cause mesothelioma, asbestosis and lung cancer. Once disturbed by renovation, demolition or drilling, fibres become airborne and stay airborne. The legal regime treats asbestos as a serious workplace hazard, not just a building material concern. The penalties for non-compliance are substantial.

The legal framework

Asbestos work in NSW is governed by the Work Health and Safety Act 2011 (NSW) and the Work Health and Safety Regulation 2017 (NSW). Chapter 8 of the Regulation covers asbestos identification, removal, control and licensing. SafeWork NSW is the regulator. Disposal is separately regulated by the NSW Environment Protection Authority (EPA), which requires asbestos waste to go only to licensed waste facilities.

The framework distinguishes two categories. Non-friable (bonded) asbestos has fibres bound in a matrix such as cement; fibres are not released unless the material is broken or drilled. Friable asbestos has fibres that can be crumbled by hand and become airborne easily. Friable asbestos is treated more strictly across every part of the regime.

Class A and Class B removal licences

SafeWork NSW issues two classes of asbestos removal licence.

A Class A licence authorises the removal of friable asbestos and any amount of non-friable asbestos. Class A is the higher-tier licence and the holder must complete additional training and demonstrate experience.

A Class B licence authorises the removal of non-friable (bonded) asbestos only. Class B is sufficient for the great majority of residential renovation work because most NSW residential asbestos is non-friable.

Both licences require the applicant to be a PCBU (person conducting a business or undertaking). They require completion of accredited asbestos removal training and ongoing competency.

The 10 square metre threshold

The threshold that triggers the licensing requirement for non-friable asbestos is 10 square metres. Removal of less than 10 m² of non-friable asbestos in a single removal does not require an asbestos removal licence. Removal of 10 m² or more requires a Class B (or Class A) licence.

For friable asbestos there is no threshold. Any amount of friable asbestos removal requires a Class A licence.

Even where a licence is not required because the removal is under 10 m², the workers performing the work must have completed asbestos awareness training where the work is carried out by a business. The training requirement is independent of the licensing requirement.

Owner-builder restrictions

Asbestos removal licences are only issued to PCBUs. An owner-builder doing residential building work on their own land is not a PCBU within the meaning of the Work Health and Safety Act and cannot hold an asbestos removal licence in their own name.

The practical consequence is that an owner-builder who needs to remove 10 m² or more of bonded asbestos, or any amount of friable asbestos, must engage a licensed asbestos removalist. They cannot self-remove the work that requires a licence.

For non-friable asbestos under 10 m², an owner-builder can self-remove subject to the safety controls in the Regulation: wet methods, personal protective equipment, sealed disposal bags and transport to a licensed waste facility. The work should be planned around the limit rather than spread across multiple visits to avoid the licensed-removal threshold by salami slicing.

Notification to SafeWork NSW

A licensed asbestos removalist must notify SafeWork NSW at least 5 working days before commencing licensed asbestos removal work. The notification covers the site address, the type and amount of asbestos to be removed, the personnel involved and the start date. SafeWork NSW uses notifications to plan compliance inspections.

Notification failures are common audit findings and are an offence in their own right. A builder engaging a removalist should verify the notification has been lodged before any work commences.

Air monitoring and clearance certificates

For Class A (friable) removal, air monitoring during the removal is required and a clearance certificate from an independent licensed asbestos assessor is mandatory before the area can be reoccupied. For Class B (non-friable) removal over 10 m², a visual clearance inspection by an independent competent person is required. A written clearance certificate is best practice.

Builders should not allow trades to return to a worked area until the relevant clearance documentation is in hand. Returning a tradesperson to a contaminated area is a workplace safety breach and can be a substantial liability event.

Disposal

NSW EPA regulates asbestos waste disposal. Asbestos waste must be transported in sealed, labelled containers and delivered only to a waste facility licensed to receive asbestos. Dumping asbestos waste in domestic bins, ordinary skips or unlicensed sites is an offence with significant penalties.

Receipt slips from the licensed facility should be kept as part of the project record. They are the evidence that disposal happened lawfully.

Practical implications

For residential builders working on pre-1990 NSW housing, asbestos is a routine consideration on most renovation jobs. Treating it as routine means several habits.

Identify suspect material before work starts. A pre-renovation asbestos inspection by a licensed asbestos assessor on any older home is cheap insurance and protects the builder under the Regulation identification duty.

Treat any older fibre-cement or vinyl as suspect until tested. Drilling, cutting, sanding or impacting suspect material before testing is the common pathway to an incident.

Hold a Class B licence in-house, or maintain a standing engagement with a licensed Class B removalist who can mobilise quickly. The 5 working day notification window means asbestos can hold up a job if not planned for.

Document the chain of custody. Inspection report, removal plan, notification, clearance certificate, disposal receipts.

Related entries

Owner-builder restrictions on asbestos work are touched on in the owner-builder-permits entry. The builder-licence-classes entry covers the general contractor licence framework that sits alongside the asbestos-specific licensing scheme. WHS obligations are mentioned in the same context.