What Happens If the Asbestos Register Is Incorrect?

A Practical Guide for NSW Self-Managed Strata Committees

An asbestos register is a critical compliance document for strata schemes — particularly older buildings.

When the register is incorrect, outdated, incomplete, or missing, the risks extend beyond paperwork into serious legal, health, and financial exposure.

Committees often ask:

What if asbestos is missed? Who is responsible? Can we be fined? Does this affect contractors or insurance? What if someone is exposed?

This guide explains what happens when an asbestos register is wrong, how issues are usually discovered, and what a committee must do to correct the problem and protect the scheme.

1. What an Asbestos Register Is — and Why Accuracy Matters

An asbestos register identifies:

• Whether asbestos-containing material (ACM) is present
• Where it is located
• Its condition
• Whether it is friable or non-friable
• Recommended management actions

For strata schemes, the Owners Corporation must ensure that any asbestos in common property is properly identified and recorded.

An incorrect register creates risk because decisions about maintenance, repairs, and contractor safety rely on it.

2. How Asbestos Register Errors Are Commonly Discovered

Problems are usually uncovered when:

• Contractors disturb unexpected asbestos during works
• A renovation application triggers asbestos review
• A fire safety, compliance, or WHS audit occurs
• Council or SafeWork NSW becomes involved
• An owner raises health or safety concerns
• Insurance or legal advisors request documentation

At that point, the register is treated as unreliable — and scrutiny increases immediately.

3. What Counts as an “Incorrect” Asbestos Register?

Common issues include:

• Asbestos marked as “not present” without proper inspection
• Incomplete coverage of common property areas
• Outdated reports based on visual assumptions only
• Changes to the building not reflected in the register
• Incorrect classification of friable vs non-friable asbestos
• Missing photos, locations, or risk assessments

Even minor inaccuracies can undermine the entire document.

4. What Are the Consequences of an Incorrect Register?

Once an error is identified, consequences can escalate quickly.

Potential outcomes include:

• Immediate requirement to update the register
• Stop-work directions for contractors
• Increased scrutiny from regulators
• Liability exposure if asbestos was disturbed
• Delays and increased costs for works
• Insurance complications if exposure claims arise

In serious cases, enforcement action may follow.

5. Can the Owners Corporation Be Fined?

Yes.

If asbestos obligations are breached, regulators may issue:

• Improvement notices
• Prohibition notices
• Penalty infringement notices
• Prosecution in serious cases

Fines depend on severity, risk created, and whether exposure occurred.

Repeated failures or ignoring known issues significantly increases penalties.

6. What If Contractors or Residents Are Exposed?

This is the highest-risk scenario.

If asbestos exposure occurs due to an incorrect register:

• The Owners Corporation may be liable
• Workers’ compensation or personal injury claims may follow
• Insurance coverage may be disputed
• Legal costs can be substantial

Claims often focus on whether the committee knew or should have known about the asbestos and failed to manage it properly.

7. Can Committee Members Be Personally Liable?

Personal liability is uncommon but possible.

Risk increases where committee members:

• Knew the register was inaccurate
• Ignored advice to update it
• Approved works without proper checks
• Failed to warn contractors
• Took no action after concerns were raised

Directors & Officers insurance may not respond where negligence is established.

8. What If the Committee Inherited an Incorrect Register?

This is very common, especially in self-managed schemes.

While previous committees may have created the issue, the current committee is responsible for fixing it.

Regulators focus on:

• How quickly the issue is addressed
• Whether expert advice is obtained
• Whether interim controls are put in place
• Transparency with owners and contractors

Prompt corrective action can significantly reduce enforcement risk.

9. What the Committee Should Do Immediately

If an asbestos register may be incorrect, the committee should:

1. Treat the existing register as unreliable
2. Pause any works that could disturb asbestos
3. Engage a qualified asbestos assessor
4. Arrange a comprehensive inspection of common property
5. Update the asbestos register properly
6. Notify contractors of findings
7. Implement an asbestos management plan
8. Communicate clearly with owners

Delay increases risk, cost, and exposure.

Final Thoughts

An incorrect asbestos register is not a technicality — it is a serious compliance failure with real consequences.

Key points to remember:

• Accuracy is critical
• Incorrect registers expose schemes to legal and health risks
• Liability increases if exposure occurs
• Committees must act immediately once aware
• Proper assessment and documentation protect everyone

Fixing the issue early is always cheaper and safer than reacting after an incident.

Strata On Demand Can Help

Strata On Demand supports self-managed strata committees across NSW with 30+ pay-as-you-go services — no contracts, no ongoing fees, and no full-service management required.

For asbestos compliance issues, the five most relevant services are:

1. Asbestos Register Coordination

We organise inspections, manage assessors, and ensure accurate documentation.

2. Compliance Health Check

Identifies missing or incorrect compliance across fire, safety, and governance areas.

3. Drafting Notices & Letters

Clear communication to owners and contractors about asbestos risks and controls.

4. AGM / EGM Agenda Drafting

Required where owners must approve inspections, remediation, or funding.

5. Work Order Management

Coordinates compliant works where asbestos is present or suspected.

If your asbestos register is outdated or incorrect, Strata On Demand can help you fix it properly and reduce risk before it becomes a serious problem.