Loose-fill asbestos insulation (LFAI) is a serious health and safety concern for property owners and potential buyers across New South Wales (NSW). This type of insulation, used in some homes built before 1985, has been identified as a major hazard due to its airborne asbestos fibres, which can pose long-term health risks.

If you're considering purchasing, selling, or renovating a residential property, it’s essential to understand the implications of loose-fill asbestos insulation—particularly as it relates to NSW planning certificates and disclosure obligations.

What Is Loose-Fill Asbestos Insulation?

Loose-fill asbestos insulation is a form of insulation material made from raw crushed asbestos, commonly amphibole asbestos, which was pumped into roof cavities in some homes for thermal insulation. Unlike bonded asbestos materials, loose-fill asbestos is not contained—making its fibres easily disturbed and airborne.

It was never widely used, but a number of properties—especially in parts of NSW and the ACT—were affected.

Health Risks

Exposure to airborne asbestos fibres can cause serious diseases, including:

• Asbestosis
• Lung cancer
• Mesothelioma

The risk increases with long-term or repeated exposure, which is why LFAI is treated with the highest level of regulatory concern.

Planning Certificates and Disclosure

Under the NSW Home Building Act 1989, vendors are required to disclose the presence—or possible presence—of loose-fill asbestos insulation in residential premises built before 1985.

In addition, the Section 10.7 Planning Certificate (formerly Section 149) includes a specific warning recommending that purchasers:

1. Search the Loose-Fill Asbestos Insulation Register maintained by NSW Fair Trading.
2. Contact the local council to confirm whether the property has been identified or assessed for LFAI.

Even if a property is not confirmed to contain LFAI, if it's located in an area of concern, the buyer is advised to seek professional inspection or testing before proceeding.

What Should Buyers and Owners Do?

If you're buying or selling a property built before 1985:

• Check the Loose-Fill Asbestos Register: NSW Fair Trading provides a public list of affected properties.
• Ask for inspection records or certificates: Owners of previously assessed homes may have clearance documents.
• Hire a licensed asbestos assessor: If there’s any suspicion, a professional can safely inspect the property.

Remediation and Government Support

If LFAI is discovered:

• The property may be declared uninhabitable under public health laws.
• NSW Government programs may offer voluntary purchase or demolition assistance, though such schemes have closed in some regions.
• Any renovation or demolition must follow strict asbestos removal protocols under SafeWork NSW regulations.

Disclaimers

Environmental Disclaimer: The information provided in this article relates to environmental constraints that may affect land use or development. It is general in nature and does not replace detailed site-specific assessments. Always consult with an environmental consultant or local council for up-to-date, location-specific guidance.

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.