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Pink Slips for an Asbestos-Free Home |
Amongst the current controversy concerning asbestos related products and compensation that should otherwise be payable to victims of asbestosis or mesothelioma through the James Hardie Compensation Fund, it has been mooted that it should be mandatory that a type of "pink slip" for houses should be attached to a contract for sale of both residential and commercial premises. |
At this stage, no formal legislation or bill has been put before the State Parliament, but the Asbestos Diseases Foundation of Australia wants the NSW Government to require home owners to have an Asbestos Clearance Certificate before they sell their property. Similar legislation has recently been introduced in the Australian Capital Territory. |
This would be just like car owners being required to present a certificate of road worthiness when registering or selling a motor vehicle. |
Some Sydney local councils are starting to impose strict rules for demolishing and renovating homes. However, home buyers still need to take their own precautions. Examples have been found of numerous northern beaches homes that had been built on top of buried fibro shacks. It has cost the home owners tens of thousands of dollars to remove the fibro, which was usually only found when work commenced on a tennis court or a pool. Obviously real estate agents are under no obligation to advise people if the house contains asbestos. Before a purchaser exchanges on a contract for the purchase of a home, it is advisable to get structural inspections and a pest report. It is suggested that these inspections should also entail checking on the materials in the house. |
Our research is that the plan for the introduction for these "pink slip certificates" has been passed by the State ALP Caucus and may become law sometime next year. The safety certificates could cost $150 to $200, about the same as a pest certificate or report. Obviously home owners need to obtain Council approval for renovations or demolitions. |
The most pressing issue that remains unclear is whether the onus falls on the purchaser to obtain the "pink slip" as part of the caveat emptor maxim prior to exchange, or whether the State Government intends to amend the Conveyancing Regulations placing the onus on the vendor to obtain the certificate to be attached to the contract for sale as one of the prescribed mandatory documents pursuant to the Conveyancing regulations. |
Further discussions are to be undertaken both with the Local Government Association and the Australian Workers Union and the Australian Manufacturing Workers Union and obviously in Caucus, before a proposal or draft bill is put to Cabinet. |
Watch this space. |
