Sunday, January 15, 2012

New regulations - do you comply?

It has been reported that on 1st January 2012, new regulations came in to force requiring all pre 2004 Bodies Corporate buildings to comply with new Asbestos regulations or risk heavy fines and/or prison terms.

Apparently, the regulations require Bodies Corporate to have an Asbestos Inspection and report completed. If any Asbestos is found in the building, a register needs to be completed and the BC should ensure follow up reports are completed every twelve months.

The reason this is being done is presumably because Bodies Corporate Buildings are considered a work place and any health hazards would need to be disclosed to anyone working on the property.

Many will be asking why "pre 2004". Surely Asbestos was phased out long before then? Well, Amosite and Chrysotile (white asbestos) was used up until 2003 so that is why the new regulations have been introduced.

The interesting thing about this is that a previous regulation was in place for buildings built prior to 1990 but it seems to have been largely ignored. Many Bodies Corporate have no idea or knowledge of the legislation and inspections have not been made despite the fact that Asbestos has been present in many buildings.

You have to wonder whether disclosure statements picked this up and whether there may be the possibility of legal action down the track based on the fact that Bodies Corporate have failed to have the reports and inspections carried out.

Body Corporate Committees rely on their Body Corporate Managers to update them on their requirements. At the moment, some BC Managers are advising their clients that they should have the report done and inspection completed asap. Others are not. Those BC Communities without BC Managers are unlikely to be aware of the new regulations.

There is currently some debate about whether the regulations have actually come into force despite the published date 1st Jan 2012.

You should seek advice in relation to the new regulations from your Body Corporate Manager.


The opinions expressed in this blog are personal and not intended in to be advice in any way. I have spent many years participating on a number of different Body Corporate Committees. I am a dealer in Vintage Movie Memorabilia specialising in original movie posters and movie art. also present a radio programme on Jazz Radio 94.1fm Monday - Friday afternoons on the Gold Coast.

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