Strata & Body Corporate Asbestos Guide | QLD Legal Compliance

Body Corporate Legal Obligations

✓ Is a Body Corporate a PCBU?: YES. In Queensland, a Body Corporate managing common property where contractors, cleaners, gardeners, or building managers perform work is deemed a Person Conducting a Business or Undertaking (PCBU) under the WHS Act 2011.

✓ Mandatory Common Property Register: If the complex was built prior to 1 January 2004, an Asbestos Register (s425) and Management Plan (s429) must be kept and supplied to all contractors.

Where Does Asbestos Exist in Strata Complexes?

Common property elements frequently containing asbestos in pre-2004 multi-unit developments:

Basement Garages & Carports: Fire-rated ceiling boards, pipe penetrations, and electrical sub-boards.
Internal Foyers & Stairwells: Vinyl floor tiles, backing adhesives, and service shaft fire seals.
Balconies & External Facades: Compressed fibro sheet balcony dividers, soffit linings, and window mastic sealants.
Roof Cavities & Plant Rooms: Asbestos flues, lift motor room brake shoes, and downpipe conduits.

⚖ Committee Due Diligence Requirement

Under the Body Corporate and Community Management Act 1997, committee members must act reasonably and maintain common property in good condition. Engaging trade contractors without providing an active Asbestos Register can void strata public liability insurance in the event of fiber release.