Renovating an older building? Check for asbestos first

Short answer: yes, while the work is still being planned, not once the walls are open. The Asbestos Abatement Regulations, 2020 prohibit demolition work until all asbestos-containing building material has been identified in the inventory of asbestos in place and safely removed or otherwise controlled, as far as is reasonably practicable. Demolition work includes dismantling or breaking down part of a structure, so stripping out ceilings, walls or roofs during a renovation can count.

The regulations were published as Government Notice R. 1196 in Government Gazette 43893 on 10 November 2020 and took effect on publication, replacing the Asbestos Regulations, 2001. They apply to every employer and self-employed person who may expose any person to asbestos dust at the workplace (regulation 2). If asbestos work is done for you, you are the "asbestos client".

Step 1: know what the work will disturb

• An inventory that fits the job: where removal or repair is planned, the inventory must be adequately detailed for that work (regulation 4(6)). If material you plan to remove or repair is not in it, review and update it (regulation 11(2)(b)).

• Surprises on site: if the contractor removing or repairing asbestos finds other suspect material, they must tell you, and you must have a competent person determine whether it is asbestos (regulation 4(8)).

• A risk assessment: an asbestos risk assessment must be carried out before asbestos work starts (regulation 11).

No inventory, or one not reviewed in the last 24 months? Start with the 24-month review and the 6-year AIA endorsement.

Step 2: classify the asbestos work

Regulation 1 defines three types of asbestos work:

• Type 1: painting asbestos cement products without surface preparation and without releasing fibres, or removing less than 10 square metres of asbestos cement products, equivalent gutters and piping, or asbestos insulating board, where removal is not repeated on the same site within six months. It needs no contractor registration, but does need a written safe work procedure and training (regulation 11(1)).

• Type 2: repairing or encapsulating asbestos cement products without surface preparation, or removing asbestos cement products or asbestos insulating board. This needs a type 2 registered asbestos contractor.

• Type 3: removing, repairing or encapsulating any asbestos or asbestos-containing material. This needs a type 3 registered asbestos contractor.

Contractors are registered with the chief inspector. For all three types, the Department's Chief Director: Provincial Operations must be notified in writing at least seven days before the work starts. A shorter period may be allowed in an emergency (regulation 10).

Step 3: your duties for type 2 and type 3 work

Under regulation 11(2), the asbestos client must:

• give the registered asbestos contractor and the approved inspection authority (AIA) an up-to-date inventory;

• appoint an AIA in writing;

• ensure that the appropriately registered contractor does the work according to the plan of work, which you must co-sign;

• stop any asbestos work that poses a health or safety risk until the risk has been mitigated; and

• before work starts, check that the contractor is registered and in good standing with the Compensation Fund or a licensed compensation insurer.

The AIA compiles the plan of work with the contractor and submits it to the Chief Director: Provincial Operations at least seven days before work starts (regulation 13). You must also ensure that an AIA monitors employees' exposure to airborne asbestos fibres, in terms of HSG 248 (regulation 16), and obtain an asbestos clearance certificate from the AIA when the work is complete (regulation 11(3)). For clearance, the AIA inspects the work area, samples the air against the clearance indicator of less than 0,01 fibres per millilitre (f/ml), confirms that the asbestos waste has been removed, and issues a written declaration (regulation 22).

What may not happen on site

Regulation 24, as amended in July 2024, says no person may:

• sell, donate, reuse, reinstall or recycle asbestos or asbestos-containing materials, so old roof sheets and gutters cannot go back up;

• clean or prepare the surfaces of asbestos cement materials;

• use electrical power tools such as angle grinders, or any other fast-moving equipment, to cut, grind or drill asbestos-containing material; slow-moving tools may be used only when removing it for final disposal;

• use compressed air to remove asbestos dust from any surface or person;

• make any installation or fitting on or onto asbestos-containing materials, so nothing new may be fixed to asbestos cement roof sheets or cladding.

A quick self-check

• Check that your inventory covers every area in the scope of works, including roofs, ceilings, floors and plant rooms, and that it is current.

• Include the relevant part of the inventory in the tender documents, so contractors plan for the asbestos work from the start.

• Decide whether any asbestos work is type 1, 2 or 3, and ask contractors for proof of registration for that type.

• Appoint the AIA in writing early, and allow for the seven-day notification in the programme.

• Brief your maintenance staff: no grinding, cutting, drilling, sanding or cleaning of asbestos cement, and nothing fixed onto it.

How Qualitas can help

Qualitas Occupational Consulting is a Department of Employment and Labour Approved Inspection Authority and a SANAS-accredited (ISO/IEC 17020) inspection body for asbestos, lead, noise and hazardous chemical agents. Before you renovate, our asbestos surveys and inventories inspect the areas in your scope of works, identify asbestos-containing materials and assess their condition and exposure risk. The report is written for management, SHEQ teams and auditors, with clear recommendations on management or removal. Your contractor and the AIA you appoint then plan from an accurate inventory.

Not sure which materials to suspect? Read where asbestos is found in South African buildings.

Not sure what your site needs? Start with our free Compliance Gap Analysis, request a quote, or call or WhatsApp 082 649 6599.

This article summarises the Asbestos Abatement Regulations, 2020 (Government Notice R. 1196, Government Gazette 43893, 10 November 2020) for general guidance. It is not legal advice; refer to the regulations, as amended, for the full requirements.

Christo de Wet is a SAIOH-registered occupational hygienist with 15 years' experience and the founder of Qualitas Occupational Consulting.