If you own or manage a commercial or industrial building in NSW that was constructed before 1990, there is a reasonable probability that the roof contains asbestos cement sheeting. And if it does, you have legal obligations that apply right now — regardless of whether the asbestos is damaged, deteriorating or apparently in good condition.
This article explains what NSW law requires of commercial property owners and managers regarding asbestos roofing, what the consequences of non-compliance are, and what your practical options are for managing the risk.
This is not legal advice. For specific legal guidance on your situation, consult a qualified lawyer or contact SafeWork NSW directly. But what follows is an accurate and practical summary of the requirements that apply to the vast majority of commercial and industrial property owners in NSW.
Is It Actually Asbestos?
The first step is confirmation. Asbestos cement roofing — corrugated sheets commonly known as "Super Six" or fibrous cement — was the standard commercial and industrial roofing material in Australia from the 1940s through to the late 1980s. It was also used extensively on residential properties during this period.
Asbestos cement sheeting cannot be reliably identified by sight alone. It looks similar to modern fibrecement products. The only way to confirm whether a material contains asbestos is laboratory analysis of a representative sample by a NATA-accredited testing facility.
If your commercial building was constructed or re-roofed before 1990 and has a cement-look corrugated or flat roof, arrange a professional inspection and sample testing before assuming the material is safe. Do not attempt to take samples yourself — disturbing suspected asbestos without proper procedures is dangerous and, in some circumstances, illegal.
NSW Legal Requirements for Commercial Property Owners
1. The Asbestos Register
Under the NSW Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017, the person who manages or controls a workplace — referred to as the "person conducting a business or undertaking" or PCBU — must ensure that an asbestos register is prepared and maintained for the workplace if:
- Asbestos or asbestos-containing materials (ACMs) are present at the workplace, or
- There is a reasonable likelihood that ACMs are present.
The asbestos register must record:
- The location of all identified or suspected ACMs in the workplace
- The date the ACMs were identified
- The condition of the ACMs (intact, damaged, deteriorating)
- A decision about whether the ACM will be removed or managed in place
The register must be readily accessible to workers and contractors before they start work on or in the building, and must be provided to any contractor who is engaged to do work that may disturb asbestos materials.
Failure to maintain an asbestos register is a breach of the Work Health and Safety Act and can attract significant financial penalties — as well as personal liability for the PCBU.
2. The Asbestos Management Plan
Where an asbestos register exists, the PCBU must also prepare a written asbestos management plan. The plan must document:
- How the identified ACMs will be managed — whether they will be left in place and monitored, or removed
- The procedures that must be followed when work is carried out in the vicinity of ACMs
- Who is responsible for ensuring the management plan is implemented
- How and when the plan will be reviewed
The asbestos management plan must be reviewed at least once every five years, and immediately after any ACMs are disturbed or removed.
3. Notification Before Removal
If bonded asbestos (such as asbestos cement roofing) is to be removed from a commercial workplace, and the total area exceeds 10 square metres, the removal must be carried out by a licensed asbestos removalist and the relevant authority — in NSW, SafeWork NSW — must be notified at least five business days before work commences.
Removal of less than 10 square metres of bonded asbestos may be carried out by the property owner or a competent person with appropriate training and PPE — but on a commercial building, the roof area almost always exceeds this threshold.
4. Duty to Inform Contractors
Before any contractor carries out work on a commercial building that may contain asbestos, the PCBU must:
- Inform the contractor of the location and condition of any known or suspected ACMs in the areas where they will be working
- Provide the contractor with a copy of the asbestos register
- Ensure the contractor understands what they must do if they encounter suspected asbestos during their work
A contractor who unknowingly disturbs asbestos during works creates liability for the PCBU who failed to inform them. This is a real and common scenario — particularly where trades such as electricians, plumbers or HVAC technicians are working above ceiling lines or in roof spaces without adequate prior briefing.
What Happens If You Ignore These Obligations?
Financial penalties. Under the NSW Work Health and Safety Act, breaches can attract substantial financial penalties — up to $3.6 million for a corporate entity in the most serious cases, and up to $360,000 for an individual PCBU. Even minor procedural non-compliance — such as failing to provide a contractor with a copy of the asbestos register — can attract penalty notices.
Personal liability. The obligations under the Work Health and Safety Act fall on individuals who exercise management or control of a workplace, not just on corporate entities. A property manager, facility manager or strata committee member who is personally responsible for managing a workplace and fails to meet their asbestos obligations can be held personally liable.
Insurance implications. Commercial property insurers increasingly require evidence of asbestos register compliance as a condition of coverage. An insurer who discovers that the property owner was aware of asbestos materials and failed to manage them in accordance with their legal obligations may decline or reduce claims arising from asbestos-related incidents.
Worker exposure claims. If a worker is exposed to asbestos fibres as a result of inadequate asbestos management on your commercial property, the financial and reputational consequences can be severe. Workers' compensation claims, personal injury claims and SafeWork NSW enforcement action are all potential consequences.
Your Practical Options for Managing an Asbestos Roof on a Commercial Building in NSW
Option 1: Manage in place with a documented plan.
If the asbestos cement roofing is in good condition — not cracked, not broken, not significantly weathered — it does not necessarily need to be removed immediately. A documented asbestos management plan that records the location and condition of the ACMs, assigns management responsibilities, and specifies monitoring and review periods is a legally compliant approach.
This option is appropriate when:
- The roofing is intact and undamaged
- There is no planned work that will disturb the materials
- The building is not being prepared for sale, significant renovation or change of use
Manage-in-place is not a permanent solution. As asbestos cement ages and weathers, it becomes increasingly friable and increasingly hazardous. The management plan must be reviewed regularly and updated to reflect changes in condition.
Option 2: Remove and replace.
Licensed removal of the asbestos roofing, proper disposal, independent clearance certification and installation of a new Colorbond or Zincalume steel roofing system is the permanent solution. Once the asbestos is removed and the clearance certificate issued, the compliance obligation associated with that material is permanently resolved.
This is the appropriate option when:
- The roofing is cracked, broken, deteriorating or significantly weathered
- Work is planned that will disturb the materials
- The building is being prepared for sale, renovation or change of use
- The building owner or manager wants to permanently eliminate the compliance liability and health risk
A D Roofing manages the complete removal and replacement process in-house — from SafeWork NSW notification through to clearance certification and new roof installation — under a single contract with a single written quote.
