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Guide

Asbestos and hazardous materials at make good: who can remove what

The short answer

Before a make good or strip-out, the asbestos register should be reviewed and any asbestos likely to be disturbed identified. In Victoria and NSW, removing any amount of friable asbestos needs a Class A licensed removalist, and removing more than 10 m² of non-friable asbestos needs a licensed removalist. Never drill, cut, sand or remove suspected asbestos yourself.

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Key takeaways

  1. 01If your building was built before the end of 2003, assume asbestos may be present until a register or survey says otherwise.
  2. 02Ask the landlord or building manager for the asbestos register before you get quotes, and give it to every contractor.
  3. 03Friable asbestos needs a Class A licence for any amount. Non-friable asbestos needs a licence above 10 m² (and in Victoria, above one hour of removal work in any 7 days).
  4. 04You cannot tell asbestos by looking. Only a sample tested in a laboratory, taken by a competent person, can confirm it.
  5. 05Who pays for asbestos removal is a lease and negotiation question; the safety laws decide who manages the risk and who may do the work.

A make good often means pulling out walls, ceilings, carpet and old services. In older buildings some of those materials can contain asbestos, and disturbing it releases fibres you cannot see. This guide explains who must check for it, who may legally remove what in Victoria and NSW, and what quotes should say.

Safety first. If you think a material might contain asbestos, do not drill, cut, sand, scrape, break or remove it. Keep people away and contact your building manager and a licensed asbestos assessor or removalist.

General information only. It is not legal or safety advice for your site. Rely on licensed asbestos assessors and removalists, WorkSafe Victoria or SafeWork NSW, and a lawyer for questions about your lease.

Can a commercial building contain asbestos?

Yes, if it was built or fitted out before the Australia-wide ban on the manufacture and use of asbestos took effect on 31 December 2003. SafeWork NSW requires an asbestos register for workplaces built before 31 December 2003, which gives you a useful rule of thumb: if your building is older than that, assume asbestos may be present until a register or survey says otherwise.

A modern-looking fit-out can still hide older materials above the ceiling or under the carpet.

Where is asbestos commonly found in offices, shops and warehouses?

Area Materials that may contain asbestos in older buildings
Ceilings Some older ceiling tiles, sprayed coatings on beams and slabs, textured ceiling finishes
Walls and partitions Fibre cement sheeting, some older partition linings, backing to wall panels
Floors Older vinyl floor tiles and sheet vinyl, and the black adhesive underneath them
Electrical Older switchboard backing panels and some old electrical fittings
Plant and services Pipe and boiler lagging, duct joints, gaskets, some fire doors
Warehouses, factories and outside Fibre cement roof and wall sheeting, eaves, sheds, fences, old amenities blocks

This table tells you where to ask questions, not how to identify asbestos. You cannot tell asbestos by looking. Only a sample taken safely by a competent person and tested in a laboratory can confirm it.

Who must check for asbestos before a make good or strip-out?

The law puts the duty on the person who manages or controls the workplace. Depending on the building and the lease, that may be the owner, the building manager, or you as the tenant of your own premises. Do not assume someone else has done it.

In Victoria, under the Occupational Health and Safety Regulations 2017:

  • Before demolition or refurbishment work, the person who manages or controls the workplace must review the asbestos register and revise it if it is not adequate for the proposed work (regs 240 and 241).
  • Asbestos likely to be disturbed must be identified, and removed so far as reasonably practicable. For refurbishment it must be removed; for demolition it must be removed before demolition starts (reg 244).
  • These rules do not cover "minor or routine maintenance work or other work of a minor nature" (reg 240(2)). A make-good strip-out is usually well beyond that.

In NSW, SafeWork NSW says an asbestos register is required for workplaces built before 31 December 2003, or where asbestos has been identified.

What is an asbestos register, and how do I get it?

An asbestos register lists where asbestos has been identified or presumed in a building, its type and its condition. In an office tower, shopping centre or industrial estate, the owner or building manager usually keeps it. Ask for it in writing as soon as you start planning your exit. A whole-building register may say little about what is behind your fit-out, so check its date and which areas it covers.

Do I need an asbestos survey before a strip-out?

Often, yes. Because asbestos likely to be disturbed has to be identified before refurbishment or demolition work, and a general register may not have looked behind walls, above ceilings or under floor coverings, a more intrusive survey is commonly done before a strip-out. This is usually called a refurbishment or demolition survey.

Have it done by a competent, independent person, such as an occupational hygienist or licensed asbestos assessor, not by the contractor who will be paid to remove what they find. Do it before you get quotes, so every contractor prices the same known conditions.

Who is allowed to remove asbestos?

This is the part people most often get wrong. The short version: friable asbestos always needs a Class A licensed removalist, and most non-friable asbestos removal in a make good needs a licensed removalist too.

Type of asbestos Victoria (OHS Regulations 2017) NSW (SafeWork NSW)
Friable (powdery, or can be crumbled by hand when dry, such as some lagging and sprayed insulation) Class A licence holder only (regs 5, 264) A friable asbestos removal licence is needed for any amount. A nominated supervisor must be present for Class A work
Non-friable (bound into another material, such as fibre cement sheet or vinyl tiles) Class A or Class B licence (regs 5, 265) A non-friable licence is needed to remove more than 10 m²
Very small amounts of non-friable A narrow exception allows up to 10 m² in total with no more than 1 hour of removal work in any 7 days, by a permitted person (reg 250). Safety duties still apply Below 10 m², strict safety duties still apply

Removal required by the Victorian regulations must be done by a licence holder or a person permitted to do limited removal work (reg 246).

Our view: in a make good the amount is rarely clear until work starts, so the small-quantity exception is not a reason to do it yourself. Use a licensed removalist and check their licence before you sign.

What should happen after asbestos is removed?

Ask your removalist and assessor to explain what the regulations require for your job, including any air monitoring and clearance inspection. Before other trades go back into the area, ask for a written clearance certificate from someone independent of the removalist. SafeWork NSW says that after friable asbestos removal this must come from an independent licensed asbestos assessor; after non-friable removal it may come from a competent person or an asbestos assessor. Keep it and the waste disposal records; your landlord may ask for them at handover.

Is asbestos removal part of my make good, and who pays?

The safety laws decide who must manage the risk and who may do the work. They do not decide who pays. That is a question for your lease and your negotiation with the landlord.

Points worth raising with the landlord before you agree the scope:

  • Did you install it? Asbestos is usually part of the original building. If your fit-out went in after the 2003 ban, the asbestos was almost certainly there before you. If it is in the base building, ask why it should be in your make-good scope.
  • Does the scope need to disturb it at all? Sometimes the make good can be designed to leave base-building materials alone, for example leaving an old floor tile layer in place undisturbed, if the landlord agrees and a licensed asbestos assessor advises it is safe to do so.
  • Is it already in the register? If the landlord's register identified it before your lease, raise that in writing.

If the lease is unclear, ask a property lawyer. See also who pays for make good.

What other hazardous materials turn up at make good?

Material or item Where you might find it Who should handle it
Electrical wiring, switchboards, old light fittings Everywhere you remove power points, data, lights or equipment A licensed electrician. In Victoria, prescribed electrical work must be done by a licensed person (Electricity Safety Act 1998 s 38). In NSW, any electrical wiring work needs a licence or certificate
Refrigerant gases Split systems, cool rooms, freezer rooms, kitchen fridges built into the fit-out A technician holding a refrigerant handling licence (Australian Refrigeration Council), which is needed for work such as decommissioning refrigeration and air-conditioning equipment
Lead-based paint Older buildings with many coats of paint, especially on joinery and steelwork A painter or contractor experienced with lead paint. Ask before any sanding or heat stripping
Synthetic mineral fibre insulation Ceiling spaces, duct wrap, acoustic panels Contractor using the correct protective equipment and disposal
Chemicals and dangerous goods Warehouses, workshops, cleaning stores, labs Remove your own stock and chemicals before handover, using licensed waste transport where required
Oil, fuel or chemical stains and pits Warehouse slabs, workshops, hardstands, separator pits Specialist cleaning contractor; occupational hygienist or environmental consultant if contamination is suspected
Kitchen grease and exhaust systems Food retail, cafes, staff kitchens Licensed plumber to disconnect or cap plumbing; liquid waste contractor to pump out grease traps; specialist exhaust cleaner
Mould Behind cabinetry, in ceilings after leaks, in cool rooms Occupational hygienist to assess; specialist remediation contractor

For warehouse-specific items such as racking, slabs and line marking, see our warehouse make-good checklist.

A safe process for asbestos at make good

  1. Check the building's age. Built before the end of 2003? Assume asbestos may be present.
  2. Get the asbestos register from the landlord or building manager, in writing.
  3. Survey if needed. If the register does not cover areas your strip-out will disturb, arrange a refurbishment or demolition survey.
  4. Share it with every contractor before they quote.
  5. Check licences for the removalist (class and number) and the electrician.
  6. Agree what happens if more is found, including who stops work and how extra removal is priced.
  7. Get clearance in writing before other trades return, and keep all the paperwork for handover.

What should a contractor's quote say about asbestos?

Check each quote answers these questions:

  • Has the contractor seen the asbestos register and any survey? Which version?
  • Is asbestos removal included, excluded, or a provisional sum (an allowance that will be adjusted to the actual cost)?
  • Who will do the removal, and what licence class and number do they hold?
  • What happens, and how is it priced, if unexpected asbestos is found?
  • Is any clearance inspection or air monitoring included, and by whom?
  • How will asbestos waste be transported and disposed of, and will you get the records?
  • How does asbestos work affect the program and the handover date?

A quote that is silent on asbestos in an older building is not comparable with one that deals with it. See our make good cost guide for other cost drivers.

How does asbestos affect my make-good timeline?

Surveys, lab results, booking a licensed removalist and clearance all take time, and CBD towers and shopping centres may limit work to after hours. If you may not finish before the lease ends, tell the landlord early and agree any arrangement in writing. Our lease exit timeline and commercial strip-out guide cover the wider program.

How MAKE GREAT helps

  • Analyse my lease. Our lease check finds the make-good wording in your lease and drafts a preliminary list of possible works with clause and page references. It can flag where your documents mention asbestos or hazardous materials. It does not identify asbestos from photos or documents and will never tell you a material is safe. Its findings are preliminary, reviewed by a person when unclear, and must be confirmed on site.
  • Get my make-good quotes. We send one structured scope, including the asbestos register and any survey you upload, to independent contractors in our marketplace, so quotes deal with asbestos the same way. Where asbestos is involved, removal must be done by a licensed removalist. Read how contractors are vetted.

You choose the contractor and contract with them directly. MAKE GREAT is a technology marketplace, not a builder, asbestos assessor or removalist. Free for tenants. If you hire a contractor through us, they pay us a referral fee. Nobody can pay to rank higher. See how our referral fee works.

General information only, not legal or site-specific safety advice. Your lease, licensed asbestos professionals and the regulator (WorkSafe Victoria or SafeWork NSW) decide what applies to your premises.

General information only, not legal advice. Get advice from a property lawyer about your own lease.

Frequently asked questions

Can I remove asbestos myself during a make good?

Don't. Removing asbestos is licensed work in Victoria and NSW once it involves any friable asbestos or more than 10 m² of non-friable asbestos. The narrow legal exception for very small amounts still carries strict safety duties and is not a sensible do-it-yourself job for a business owner. Use a licensed asbestos removalist.

Who is responsible for the asbestos register in a leased building?

The person who manages or controls the workplace. In a multi-tenant building that is usually the owner or building manager, but a tenant can also have management or control of its own premises. In Victoria, that person must review the register before demolition or refurbishment and update it if it is not adequate. Ask the landlord for it in writing.

Do I need an asbestos survey before a strip-out?

Often, yes. Victorian regulations require asbestos likely to be disturbed by refurbishment or demolition to be identified, and an existing register may not cover areas hidden behind your fit-out. A refurbishment or demolition survey by a competent, independent person, such as an occupational hygienist or licensed asbestos assessor, is the usual way to do that. Ask before contractors quote.

What is the difference between friable and non-friable asbestos?

Friable asbestos is asbestos that is in powder form or can be crumbled or reduced to powder by hand pressure when dry, such as some old pipe lagging or sprayed insulation. Non-friable asbestos is bound into another material, such as fibre cement sheeting or vinyl floor tiles. Friable asbestos is higher risk and needs a Class A licence to remove.

Who pays for asbestos removal at the end of a lease?

The safety laws do not decide that; your lease and any agreement with the landlord do. If the asbestos is part of the base building rather than something you installed, raise it with the landlord before you agree the make-good scope. Get legal advice if the lease is unclear.

What happens if asbestos is found halfway through the make good?

Work in that area should stop and the area should be kept clear. Tell the landlord or building manager in writing straight away. A licensed asbestos assessor or removalist then advises on testing and removal. Because this can delay handover, raise the timing with the landlord early and agree any extension in writing.

Can MAKE GREAT's lease check tell me if my premises contain asbestos?

No. Our lease check does not identify asbestos or other hazardous materials from photos or documents, and it will not tell you a material is safe. It can flag that your lease or register mentions asbestos so you can ask the right people. Only testing by a competent professional can confirm it.

Sources

Primary sources we checked when writing this page. Laws and guidance change, so check the current version.

  1. 1.Occupational Health and Safety Regulations 2017 (Vic), regs 5, 240, 241, 244, 246, 250, 264, 265 (opens in a new tab)
  2. 2.SafeWork NSW, Asbestos (opens in a new tab)
  3. 3.Electricity Safety Act 1998 (Vic), s 38 (opens in a new tab)
  4. 4.NSW Government, Electrical licences (opens in a new tab)
  5. 5.WorkSafe Victoria, Understand and manage asbestos in workplaces (opens in a new tab)
  6. 6.Australian Refrigeration Council, Refrigerant handling licence (opens in a new tab)
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