Asbestos obligations for building, renovation, demolition and maintenance come from multiple sources. WorkSafe Victoria, the Building and Plumbing Commission, and local councils each have a role.
Core obligation
Asbestos must be identified and removed before demolition or refurbishment. Building work must comply with building and OHS laws.
How it works
OHS legislation governs asbestos identification, management and removal. Building legislation governs permits, practitioner registration, and compliance. Planning provisions address contaminated land. Different regulators administer different parts.
Legislation
Occupational Health and Safety Regulations 2017
Part 4.4, Division 6 covers demolition and refurbishment where asbestos is present. Asbestos must be identified and removed before works. Applies to workplaces. Domestic premises become a workplace once someone is engaged to undertake the work. Building surveyors require an asbestos survey report before issuing a building permit for demolition. For the full OHS framework, see [Workplace].
Requires a building permit for demolition. Demolition must be undertaken by a registered building practitioner. The Building and Plumbing Commission regulates building practitioners and enforces compliance.
Sets out building permit application requirements, including documentation for demolition work.
Planning and Environment Act 1987
Planning permits may be required for demolition in heritage overlays or other planning controls. Environmental Audit Overlays may apply to potentially contaminated land proposed for sensitive uses.
Guidance
- Compliance code: Managing asbestos in workplaces: includes guidance on demolition and refurbishment where asbestos is present
- Compliance code: Removing asbestos in workplaces: removal requirements for all asbestos work
- Compliance code: Demolition: safe demolition including asbestos management
- Demolition of buildings with fire-damaged asbestos: post-fire demolition guidance
- Demolition of buildings: report and consent: building permit requirements for demolition
- Potentially contaminated land (PPN30): planning guidance for contaminated sites
- Victoria Unearthed: check contamination history and environmental audits for a property
Who does what
- WorkSafe Victoria: asbestos identification, removal, licensing, notifications and safety compliance in workplaces (including domestic premises where work is being done)
- Building and Plumbing Commission: building permits, practitioner registration, demolition compliance, and disputes about building work
- Local councils: planning permits, heritage overlays, Environmental Audit Overlays, and nuisance provisions for residential asbestos concerns
- EPA Victoria: asbestos waste transport, disposal and land contaminated by asbestos