Asbestos removal during construction

Understanding responsibilities, safety requirements and how to report concerns

Asbestos removal during building, demolition and renovation work is strictly regulated in NSW. Council, SafeWork NSW and private certifiers each have different roles and knowing who to contact helps ensure issues are addressed quickly and correctly.

This page explains what to do if you are concerned about asbestos removal at a construction site, including when Council can act and when matters must be referred to SafeWork NSW.

When to contact Council

Council can investigate matters relating to planning, building and environmental compliance including:

  • Unapproved demolition or building work.
  • Failure to comply with development consent or complying development certificate (CDC) conditions.
  • Handling or removal or small quantities of asbestos (less than 10 square metres) by a home owner.

If your concern relates to any of the above, please contact Council and we will log your request.

When to contact SafeWork NSW

SafeWork NSW is the lead authority for asbestos removal safety under the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017. They investigate issues involving:

  • Workers not wearing appropriate personal protective equipment (PPE).
  • Unsafe asbestos removal methods.
  • Lack of required signage or exclusion zones.
  • Unlicensed asbestos removal.
  • Worker safety or exposure risks.
  • Lack of neighbour notification for licensed removal.

If your concern relates to unsafe work practices, please report it directly to SafeWork NSW

Phone: 13 10 50

Council will still record your enquiry for information, but SafeWork NSW is responsible for enforcement.

When to contact the private certifier (CDC)

If the work is being carried out under a complying development certificate (CDC), the private certifier is responsible for:

  • Ensuring the development meets CDC requirements.
  • Overseeing compliance with CDC conditions.
  • Undertaking critical stage inspections.
  • Issuing occupation certificates

Contact the certifier if your concern relates to CDC conditions.

Will Council still log a request if the matter is referred to SafeWork NSW?

Yes.

Council will record the enquiry for monitoring purposes.

  • If the issue is only a WHS matter, Council will refer you to SafeWork NSW and close the request.
  • If the issue involves both WHS and planning or environmental concerns, Council will investigate the matters within our jurisdiction while SafeWork NSW handles the safety aspects.

Penalties for non-compliance

SafeWork NSW

Under the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017, SafeWork NSW may issue:

  • Improvement notices.
  • Prohibition notices.
  • Penalty notices.
  • Prosecutions for serious WHS breaches.

Penalties can be significant for both individuals and companies.

Council

Under the Environmental Planning and Assessment Act 1979, Council may issue:

  • Orders to stop or rectify work relating to unauthorised demolition or building work.
  • Penalty notices.
  • Prosecution for serious planning or environmental breaches.

Need to report a concern?

If you believe asbestos is being removed unsafely and you are unsure who to contact, please reach out to Council on 02 9777 1000 or fill in the online form. We will help direct your enquiry to the correct authority.

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