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Topic
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This concerns a 32 unit strata in NSW.
Probably around 30 years ago the ceilings in some units were changed from plaster to vermiculite and the subject to change since then has not been a problem.
However a new Owner wants to remove the vermiculite ceiling claiming that there is asbestos in it and work is to start next week.
There has not been a SCM to discuss this or approve it.
Some Owners consider the ceiling to be common property and therefor a need for a special by-law for it’s removal.
Who is to pay for this work and who would be the authority to rule on the asbestos issue.
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Yes, the ceiling is common property and yes the Owners Corp needs to give permission.
Also, if there really is asbestos in it, then the committee should insist that it must be removed by professionals.
Have a look at this fact sheet from the EPA. Your council will have its own rules – but, as an example, here is a fact sheet from City of Sydney.
Now, please don’t tell me the neighbour wants to remove the ceiling so he can use the space in the roof – that’s a whole other conflict cluster.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Jimmy is right, ceilings are common property, the OC needs to give permission for anything like that.
As a starter – vermiculite ceilings may or may not contain asbestos, the only way to tell is by a laboratory test. As a starting point ask the owner to give you the laboratory test they have carried out that confirms the ceiling has asbestos in it.
If it does then the issue is whether or not it needs to be removed, if it is undamaged it isn’t dangerous. It is more likely the owner wants it gone because it looks awful, which is fine, but they still need to get permission. If the ceilings do contain asbestos the owner must engage appropriate people to do it and satisfy the OC that proper processes are being followed.
You are right that if the owner replaces the ceilings then the owners will have to approve a special by-law that makes them responsible for those ceilings going forward.
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