This article discusses vermiculite ceiling asbestos strata issues, covering asbestos risks, maintenance responsibility, and the appropriate steps owners corporations should take.
Question: Our old building has vermiculite ceilings throughout. The ceiling seems to be failing and particles of dust are falling in units and common areas. What do we do?
I am on the committee of a NSW strata titled unit block. All units and common areas have vermiculite ceilings. They were in vogue when the block was built about 40 years ago.
Tenants in one unit have raised a safety concern with the vermiculite ceiling regarding the asbestos content. The ceiling seems to be failing and particles of dust are falling from the ceiling.
Is the maintenance of the vermiculite ceiling the responsibility of the lot owner or the owners corporation?
In 2015, we had an asbestos report but no specific testing of the vermiculite in the common areas was done. At the time it was low concern.
No testing has been done in individual units. As part of the report, are we required to have the individual units tested for asbestos?
Answer: In some cases the presence of asbestos may be deemed low risk and should not be tampered with, however, only a qualified asbestos consultant can make this determination.
I recommend the owners corporation contact NSW Fair Trading as they may be able to assist with any asbestos testing. It is known that strata premises built before 1980 may contain loose-fill asbestos insulation. If there is concern that the property contains loose-fill asbestos insulation, the scheme should arrange for a licensed asbestos assessor to conduct a sample test at their own expense. The scheme as a whole will be impacted should testing confirm the presence of loose-fill asbestos insulation.
Should the test confirm the presence of loose-fill asbestos insulation, Service NSW should be contacted immediately to find out about the options available.
I would suggest that they be contacted first. Given the concerns, Fair Trading may be able to undertake testing.
In some cases the presence of asbestos may be deemed low risk and should not be tampered with, however, only a qualified asbestos consultant can make this determination.
This post appears in the June 2023 edition of The NSW Strata Magazine.
Pierrette Khoury
Khoury Lawyers
E: pierrette@khourylawyers.com.au
P: 0415 459 486

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