Do You Have to Disclose Asbestos When Selling a House? A State-by-State Guide for Australia and NZ

If you're selling an older home in Australia or New Zealand, there's a good chance it contains asbestos somewhere: in the eaves, wet areas, fences, sheds or vinyl floors. So does the law make you tell buyers? The short answer is that it depends on where you are and what you actually know.

The Australian Asbestos and Silica Safety and Eradication Agency (ASSEA) recently reminded sellers that they may be legally obliged to tell buyers about asbestos, and that the rules differ by state. Only a few places have a rule written specifically about asbestos. Everywhere else, the duty comes from general vendor disclosure rules, agents' conduct rules and the ban on misleading conduct. This guide sets out where each state and territory, and New Zealand, stands.

Quick summary

State	Specific asbestos disclosure?	Where it's disclosed	Key law
QLD	No seller duty to confirm asbestos, but a mandatory asbestos warning	Seller Disclosure Statement (Form 2), since 1 August 2025	Property Law Act 2023; Property Law Regulation 2024
NSW	Yes, for loose-fill asbestos insulation	Contract warning (pre-1985 homes), s10.7 planning certificate, agent material facts	Conveyancing (Sale of Land) Regulation 2022; Property and Stock Agents Regulation 2022, cl 60
VIC	No specific item, but known asbestos can be a material fact	Not in the section 32 vendor statement; material fact rules apply	Sale of Land Act 1962, s 12
SA	Asbestos is flagged to buyers	Form R3 Buyers Information Notice, attached to the Form 1 vendor's statement	Land and Business (Sale and Conveyancing) Act 1994, s 13A
WA	No specific duty	Agents must find out and pass on material facts	Real Estate and Business Agents and Sales Representatives Code of Conduct 2016, cl 24; Australian Consumer Law
TAS	No	No mandatory seller disclosure; optional vendor disclosure in the standard contract	Property Agents and Land Transactions Act 2016; Australian Consumer Law
ACT	Yes	Asbestos assessment report or asbestos advice with the contract; loose-fill register disclosure	Civil Law (Sale of Residential Property) Act 2003, s 9; Dangerous Substances Act 2004
NT	No	No seller disclosure statement; agent conduct rules apply	Agents Licensing Act 1979 and Regulations; Australian Consumer Law
NZ	No specific seller duty	Agents must disclose known defects and flag likely hidden ones	Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, r 10.7

The baseline everywhere: don't mislead

In every Australian state and territory, the Australian Consumer Law prohibits misleading or deceptive conduct in trade or commerce, and that can include leaving important information out. Agents are always caught by this. Private sellers usually aren't "in trade or commerce", but they can still be liable for misrepresentation, and the state laws below add their own duties. If you know your home has asbestos and you hide it or say otherwise, you're taking a real legal risk.

Queensland

Since 1 August 2025, section 99 of the Property Law Act 2023 requires sellers to give buyers a signed disclosure statement and prescribed certificates before the buyer signs the contract. The documents are listed in the Property Law Regulation 2024, and the Queensland Government seller disclosure page explains the process.

The approved form (Form 2) includes an asbestos section, but it is a warning rather than a disclosure. It states that the seller does not warrant whether asbestos is present, that buildings built before 1990 may contain asbestos, and that asbestos-containing materials may have been used up until the early 2000s. It points buyers to asbestos.qld.gov.au.

So a Queensland seller doesn't have to confirm or deny asbestos on the form. However, the statement must be true when it's given, and copies of any current notices or orders requiring work on the property must be attached. Under section 104 of the Act, a buyer can terminate the contract at any time before settlement if the documents weren't given at all. A buyer can also terminate if they were inaccurate or incomplete about a material matter the buyer didn't know about and would not have signed if they had known.

New South Wales

NSW is the only state with sale rules written specifically about loose-fill asbestos insulation (the "Mr Fluffy" type of insulation):

Contract warning: the Conveyancing (Sale of Land) Regulation 2022 requires contracts for residential premises built before 1985 to include a loose-fill asbestos warning. It strongly advises buyers to search the register and ask the local council whether it holds records showing the home contains loose-fill asbestos insulation (see NSW loose-fill asbestos laws).
Planning certificate: a section 10.7(2) planning certificate must be attached to the contract, and it discloses whether the property is on the Loose-fill Asbestos Insulation Register.
Agents: under clause 60 of the Property and Stock Agents Regulation 2022, being on the register is a prescribed material fact. So is a property being "subject to significant health or safety risks". NSW Fair Trading notes that an agent must disclose prescribed material facts they know or ought reasonably to know, so not knowing isn't automatically a defence.

Bonded asbestos such as fibro sheeting isn't a specifically listed item, but known asbestos that poses a significant health or safety risk may fall within the general category. For rentals, Fair Trading says landlords and their agents must disclose similar material facts under the Residential Tenancies Regulation 2019.

Victoria

The Sale of Land Act 1962 requires a section 32 vendor statement before the buyer signs. It covers title, planning, outgoings and similar matters, and Consumer Affairs Victoria notes that it doesn't include information about the condition of buildings, so there's no asbestos item. If a required section 32 statement isn't given, or is incomplete or inaccurate, the contract may not be binding on the buyer.

Separately, section 12(d) makes it an offence, when trying to induce someone to buy land, to knowingly conceal any material facts. Consumer Affairs Victoria's material fact guidelines give asbestos revealed by a prior test or inspection as an example. The mere possibility that an older home contains asbestos isn't a material fact; actual knowledge is what counts. A buyer who suffers loss may also be able to seek compensation.

South Australia

Under section 13A of the Land and Business (Sale and Conveyancing) Act 1994, the seller or agent must take reasonable steps to give buyers inspecting residential land a Buyers Information Notice (Form R3). The notice is also attached to the Form 1 vendor's statement. It prompts buyers to look into features that may affect the property's value or their enjoyment or safety, and asbestos is among them.

The R3 is a prompt to investigate, not a declaration that the home is asbestos-free. Form 1 covers matters such as notices, orders and charges affecting the land. SA Law Handbook has more on advice before signing a contract.

Western Australia

WA has no seller disclosure statement and no asbestos-specific rule. Under clause 24 of the Real Estate and Business Agents and Sales Representatives Code of Conduct 2016, agents must make all reasonable efforts to ascertain or verify material facts and promptly tell anyone affected who appears unaware of them. The WA Commissioner for Consumer Protection lists asbestos as an example of a material fact. Sellers are expected to tell their agent, and agents must pass it on and answer a direct question honestly. A buyer who suffers loss through non-disclosure may be able to take civil action or ask to terminate the contract.

Tasmania

Tasmania has no mandatory seller disclosure. Consumer, Building and Occupational Services says there's no requirement under the Property Agents and Land Transactions Act 2016 to disclose defects in the quality of a property, and that "buyer beware" is the position buyers should take. The standard form contract includes an optional vendor disclosure statement that the parties can agree to use. Agents still must not make false or misleading representations, and the Australian Consumer Law applies.

Australian Capital Territory

The ACT has the most direct rules. Under section 9 of the Civil Law (Sale of Residential Property) Act 2003, the documents a seller must make available include every current asbestos assessment report for the premises. If there isn't one, or it can't be found after reasonable steps, the seller must provide an asbestos advice instead. These sit alongside the mandatory building and compliance inspection report.

Homes affected by loose-fill asbestos (the Mr Fluffy legacy) are listed on the Affected Residential Premises Register under the Dangerous Substances Act 2004. According to ACT Loose Fill Asbestos Coordination, a seller must tell prospective buyers that the property is on the register and contains loose-fill asbestos insulation. An occupancy prohibition also applies after a change of ownership unless an approved occupant exemption applies.

Northern Territory

The NT has no seller disclosure statement and no asbestos-specific rule. Agents licensed under the Agents Licensing Act 1979 must follow the rules of conduct in Schedule 4 of the Agents Licensing Regulations. These require them to deal with potential buyers with due skill, care and diligence, and to disclose all known material facts to their own client. The Australian Consumer Law's ban on misleading conduct applies on top of that.

New Zealand

New Zealand has no seller disclosure statement or asbestos-specific seller duty. Agents are bound by rule 10.7 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. An agent isn't required to discover hidden defects but must disclose known defects. Where it would appear likely to a reasonably competent agent that a property has hidden defects, the agent must either get confirmation from the seller, backed by evidence or expert advice, that there's no defect, or make sure the buyer knows of any significant potential risk.

Under rule 10.8, an agent must not keep acting for a seller who tells them to withhold that information. The Real Estate Authority has guidance on what agents should disclose. The Fair Trading Act 1986 also prohibits misleading conduct in trade.

What this means for sellers, buyers and agents

Sellers: if you know about asbestos, from a past report, a renovation or a removal quote, assume you should disclose it. Silence or a misleading answer can put the sale at risk or lead to a damages claim. Tell your agent and your conveyancer early.
Buyers: a clean disclosure document doesn't mean a home is asbestos-free, especially if it was built before 1990. Ask the agent directly, check the loose-fill registers in NSW and the ACT, and make your offer subject to inspection.
Agents: in most places your duty is wider than the seller's. Ask the question, record the answer, and don't repeat "no asbestos" without evidence.

Practical tip: get a pre-sale asbestos inspection

A pre-sale asbestos inspection by a licensed assessor or occupational hygienist gives everyone facts instead of guesses. As a seller, you can hand buyers a report and price any remediation upfront. In the ACT, a current asbestos assessment report is one of the documents the law asks for. As a buyer, it's money well spent before you commit to an older home, because standard pre-purchase building inspections often don't cover asbestos.

Find licensed asbestos inspectors and assessors near you in the AsbestosList directory.

This guide is general information, not legal advice. The rules change, and your situation may differ, so check with your conveyancer or solicitor before you sell or buy.