WA Rental Property Asbestos Obligations for Landlords

If your WA rental property was built before 1990, there's a reasonable chance it contains asbestos-containing materials. Australia banned asbestos imports in 2003, but the material was used heavily in residential construction — particularly in Western Australia — through the 1960s, 1970s, and 1980s. Eaves, wall cladding, fencing, bathroom linings, roof sheets, and even floor tiles in older properties may contain asbestos.

The Legal Framework in WA

Western Australia doesn't have a standalone rental-specific asbestos statute. Instead, landlord obligations arise from the intersection of several regulatory requirements:

• Section 42 of the Residential Tenancies Act 1987 requires the property to be maintained in a "reasonable state of repair" and fit for human habitation. Deteriorating asbestos that poses a health risk can breach this duty.
• Health (Asbestos) Regulations 1992 are administered by WA Health and enforced by local governments for residential asbestos issues.
• Work health and safety laws apply when you engage contractors for renovations, repairs, or demolition that may disturb asbestos materials.
• Environmental Protection (Controlled Waste) Regulations 2004 govern the handling, transport, and disposal of asbestos waste.

Asbestos in Good Condition vs. Damaged Asbestos

The critical distinction: asbestos-containing materials that are intact, undamaged, and undisturbed are not considered an immediate health hazard. Bonded (non-friable) asbestos — the type most common in residential construction — only becomes dangerous when it's broken, weathered, drilled into, sanded, or otherwise disturbed in a way that releases fibres into the air.

This means you're not automatically required to strip every piece of asbestos cladding from a 1970s property. But you do need to manage it properly — and that management starts with knowing what's there.

Identification and Disclosure

WA has no specific law requiring landlords to automatically disclose asbestos, but landlords must not mislead tenants or withhold material facts. Disclose known asbestos when asked or when it is relevant to a tenant's safety or decision-making. If an asbestos inspection report exists, providing it is good practice, not a legal requirement.

Record known asbestos locations and their condition in the Form 1 Property Condition Report. Note the material type (typically fibre cement cladding, eaves, or fencing), its location, and its current condition. If you've had a professional asbestos survey done, provide the report or a summary where disclosure is relevant.

For properties built before 1990 where you're unsure, a professional asbestos inspection before the tenancy starts is prudent. A competent person can identify materials, assess their condition, and recommend whether management or removal is appropriate.

Maintenance Obligations

As the landlord, you must prevent asbestos-containing materials from deteriorating to the point where they become a health risk. Practical maintenance includes:

• Regular visual inspections of known asbestos surfaces for cracks, chips, weathering, or damage
• Prompt assessment of damaged asbestos materials — keep people away and get advice from a competent person before attempting any repair, encapsulation, or removal
• Preventing tenant disturbance — inform the tenant in writing that they must not drill, sand, cut, or otherwise disturb asbestos-containing surfaces. This is especially important for fencing, eaves, and bathroom wall linings.
• Using a licensed asbestos removalist where required: removal of more than 10 square metres of non-friable asbestos must be done by a licensed removalist; any amount of friable asbestos requires a Class A licensed removalist. WA recommends using a licensed removalist for any asbestos removal.

When Removal Becomes Necessary

Removal by a licensed asbestos removalist is required for any amount of friable asbestos and for more than 10 square metres of non-friable asbestos. Smaller amounts of non-friable asbestos may be removed without a licence, although WA recommends using a licensed removalist. A local council may also require action on an asbestos hazard.

Removal costs vary substantially. Small areas of bonded asbestos (a section of fencing, a bathroom panel) might cost $500–$2,000. Full-house cladding removal can run $15,000–$40,000 or more depending on the property size and complexity. Disposal must go to a licensed facility, and waste must be handled and transported safely.

Emergency Situations

If a tenant reports damaged or deteriorating asbestos — visible crumbling, broken sheets after a storm, or dust from disturbed material — treat it as urgent. Keep people away from the area and arrange for a competent person to assess it before anyone disturbs the material.

While the RTA doesn't explicitly classify asbestos disturbance as an "essential service" failure (the 24-hour category), a genuine asbestos exposure risk falls under the general habitability duty and should be treated with equivalent urgency.

Our WA Rental Minimum Standards compliance guide covers the full pre-tenancy safety audit process, including how to document property conditions and manage known hazards alongside all other WA statutory compliance requirements.

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