Most buyers assume that finding asbestos in a building inspection report means they must walk away from the purchase. That is rarely the case. A home built before 1990 is likely to contain some asbestos materials, according to the Queensland Government, and many of those homes are bought and sold safely every year.
What matters is the condition of the material, what the contract says, and whether the seller has met Queensland's disclosure obligations. A building inspection that identifies asbestos is doing its job, not signalling catastrophe. The real risk for buyers lies in not understanding what the report means, or in signing a contract without the right conditions in place.
Our Springfield team helps clients across Greater Springfield and Ipswich with buying and selling property, including properties where asbestos is present or suspected.
Here is what buyers in Queensland generally need to know before signing on a property that may contain asbestos.
Key takeaways
- Homes built before 1990 in Queensland are likely to contain asbestos materials.
- Asbestos in good condition generally does not need to be removed.
- Queensland's seller disclosure statement does not cover whether asbestos is present.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
Is asbestos common in Queensland homes, and do they need to be avoided?
Homes built before 1990 are likely to contain some asbestos materials, according to the Queensland Government, and some homes built in the 1990s or early 2000s still used asbestos-containing products until a total ban came into effect in 2003, according to the Queensland Building and Construction Commission. That covers a significant portion of the housing stock across Greater Springfield, Ipswich and older Queensland suburbs generally.
Asbestos does not automatically need to be removed. If materials are in good condition, meaning undamaged and undisturbed, the Queensland Government states that the safest option is generally to leave them alone. The material becomes hazardous when it is damaged, disturbed or crumbling, releasing fibres into the air. A building material cannot be confirmed as asbestos just by looking at it, according to the Queensland Government. Testing is done by an accredited laboratory.
The Asbestos and Silica Safety and Eradication Agency notes that the presence of asbestos in a residential property does not need to be a deal breaker, and that a pre-purchase building inspection is not required to include whether asbestos is present, because identifying it is a specialised task separate from a standard building inspection.
What does a standard building inspection actually cover for asbestos?
A standard pre-purchase building inspection looks for obvious defects or areas of concern, such as a faulty roof, leaking ceiling, weak or cracked walls, damaged foundations, mould, lack of waterproofing or drainage issues, according to the Queensland Building and Construction Commission. It is not a warranty against future defects and is not an asbestos survey.
The Asbestos and Silica Safety and Eradication Agency confirms that a pre-purchase building inspection is not required to include whether asbestos is present. Identifying asbestos is a specialised task. If a buyer wants to know whether asbestos-containing materials are present, an asbestos survey by a specialist is a separate engagement from the standard building and pest inspection. Only a QBCC-licensed residential building inspector can conduct pre-purchase building inspections, and only a licensed pest controller can conduct termite inspections.
Where the inspection does identify possible asbestos or asbestos-containing materials, the practical question becomes what to do next with that information, and what the contract conditions allow.
"Asbestos in a Queensland home is common and does not automatically mean the property is unsafe or unsaleable. What matters is the condition of the material, what the contract says, and getting the right advice before you sign."
Jade Kickbusch, Principal, Brookwater Legal
What does Queensland's seller disclosure scheme require about asbestos?
Queensland's seller disclosure scheme, which commenced on 1 August 2025 under the Property Law Act 2023, requires sellers to give buyers a signed seller disclosure statement before a contract of sale is signed, according to the Queensland Government. However, the scheme has specific limits when it comes to asbestos.
The seller disclosure statement does not include information about the presence of asbestos, according to the Queensland Government's Property Law Regulation 2024. The seller does not warrant whether asbestos is present. What the statement does include is a warning that buildings or improvements built before 1990 may contain asbestos, which puts the buyer on notice to make their own enquiries. Structural soundness, flooding history and previous building approvals are also outside the disclosure statement's scope, and buyers make their own enquiries on those matters.
In practical terms, this means a buyer cannot rely on the seller disclosure statement to tell them whether asbestos is present. That responsibility sits with the buyer's own inspections and enquiries, which is exactly where a solicitor reviewing the contract conditions can help.
Who is licensed to remove asbestos, and what can a homeowner do?
Queensland regulates asbestos removal by licence class, according to WorkSafe Queensland and the Queensland Government. The key distinction is between bonded (non-friable) asbestos and friable asbestos.
What each licence covers:
- › Class A licence: covers any amount of friable asbestos. WorkSafe Queensland publishes a register of Class A licence holders.
- › Class B licence: covers non-friable (bonded) asbestos only. WorkSafe Queensland publishes a register of Class B licence holders too.
- › Friable asbestos: must always be removed by a Class A licensed removalist, according to the Queensland Government.
- › Small amounts for homeowners: a homeowner can remove about 10 square metres of bonded (non-friable) asbestos without a certificate if the correct safety precautions are followed, according to the Queensland Government. Above that, a homeowner needs a certificate or a licensed contractor.
Whether removal is needed at all depends on the condition of the material, not just its presence. Damaged or crumbling material is a different situation from intact sheeting in a wall cavity. A buyer making decisions about a property with identified asbestos should understand that distinction before deciding how to proceed.
How does a solicitor help when buying a property with asbestos in Queensland?
Step 1: Talk to us
Get in touch and we will explain how the contract conditions work for a property where asbestos may be present, and what the next steps look like.
Step 2: Review the contract and conditions
We review the contract of sale before you sign, including whether the building and pest inspection condition is in place, what it covers and how the notice requirements work if a report raises concerns. The building and pest condition in the standard Queensland residential contract allows a buyer to act on a report that is not satisfactory, but acting reasonably is required.
Step 3: Advise on the disclosure documents
We check the seller disclosure statement and the prescribed certificates, confirm what has and has not been disclosed, and explain what the asbestos warning in the statement means for the buyer's position under the contract.
Step 4: Manage the conveyancing through to settlement
We handle the identity verification required under the AML/CTF obligations that commenced 1 July 2026, manage the finance and inspection dates in the contract, attend to transfer duty and arrange settlement through an Electronic Lodgment Network operator, PEXA or Sympli, as required under Queensland's eConveyancing mandate.
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When does Queensland's disclosure scheme not apply to asbestos concerns?
There are situations where the seller disclosure scheme obligations work differently or do not apply at all. The scheme covers existing residential property, commercial property and vacant land, but not off-the-plan sales, which have their own disclosure requirements under Queensland's Land Sales Act and the Body Corporate and Community Management Act. Where the buyer is the State, a government body, a constructing authority or a listed corporation, the disclosure obligations may not apply. Where the sale price exceeds $10 million and the buyer has given a written waiver, the scheme also does not apply.
More practically for residential buyers in Ipswich and Greater Springfield, the key point is that even where the scheme applies fully, the asbestos warning in the statement is general, not property-specific. It does not tell a buyer whether asbestos is present, where it is, or what condition it is in. A buyer who wants that information needs to arrange a specialist asbestos survey, separate from the standard building inspection, and factor that into the contract conditions and the timeline before signing.
Older homes in suburbs like Raceview, Silkstone or Booval, which were built in periods when asbestos-containing materials were common, present exactly this situation. The seller disclosure statement will carry the standard warning, but the buyer's own inspections, arranged before or as a condition of the contract, are what actually answer the question.
What are the common misunderstandings about asbestos and property contracts in Queensland?
The most common misunderstanding is that a building report mentioning asbestos automatically gives the buyer a right to terminate the contract. It does not work that way. The building and pest inspection condition in the standard Queensland residential contract requires the buyer to act reasonably, and a buyer who terminates on the basis of asbestos in good condition may not have acted reasonably within the contract's terms.
A related misunderstanding is that a seller is obliged to disclose whether asbestos is present. Queensland's seller disclosure statement includes a warning that properties built before 1990 may contain asbestos, but does not require the seller to warrant whether it is actually present, according to the Queensland Government's Property Law Regulation 2024. That puts the investigation responsibility squarely on the buyer.
A third misunderstanding is that removing asbestos always requires a licensed removalist. For small amounts of bonded, non-friable material, the Queensland Government confirms a homeowner can do the work themselves, around 10 square metres, with the correct precautions. Friable asbestos is a different matter entirely and always requires a Class A licensed removalist.
Frequently Asked Questions
Does asbestos in a Queensland home have to be removed before it can be sold?
No. The Queensland Government states that asbestos does not need to be removed if the materials are in good condition, meaning undamaged and undisturbed. A sale can proceed with asbestos present, subject to the contract terms.
Does Queensland's seller disclosure statement tell a buyer whether asbestos is present?
No. The seller disclosure statement includes a warning that buildings built before 1990 may contain asbestos, according to the Queensland Government, but the seller does not warrant whether asbestos is actually present. Buyers make their own enquiries.
Is a standard building inspection enough to identify asbestos in a Queensland property?
Generally not. The Asbestos and Silica Safety and Eradication Agency confirms that a pre-purchase building inspection is not required to include whether asbestos is present. Identifying asbestos is a specialised task requiring a separate asbestos survey.
What licence is needed to remove asbestos from a Queensland property?
Friable asbestos must be removed by a Class A licensed removalist, according to the Queensland Government. A Class B licence covers non-friable asbestos only, and WorkSafe Queensland publishes registers of both. Small amounts of bonded asbestos may be removed by homeowners with correct precautions.
Can a Queensland buyer terminate a contract because a building report mentions asbestos?
The building and pest inspection condition in the standard Queensland residential contract requires a buyer to act reasonably. A solicitor can advise on whether a particular report and the circumstances of a property support termination under the condition.
Do buyers in Springfield or Ipswich need a solicitor when purchasing a property that may contain asbestos?
A solicitor can review the contract conditions, explain what the seller disclosure statement covers, advise on inspection clauses and manage the conveyancing through to settlement. Our conveyancing team acts for buyers across Greater Springfield and Ipswich on matters like these.
What is the difference between bonded and friable asbestos in a Queensland building?
Bonded asbestos is mixed with another material and is firm. Friable asbestos can be crumbled or reduced to powder by hand pressure and is the more hazardous form. The Queensland Government confirms friable asbestos must always be removed by a Class A licensed removalist.
Your Next Steps
Buying a property with asbestos present is not uncommon in Queensland, particularly across Greater Springfield, Ipswich and surrounding suburbs where housing stock from the 1960s through to the early 2000s makes up a large share of the market. Getting the contract conditions right before signing, understanding what the seller disclosure statement does and does not cover, and knowing what inspections to arrange are the steps that protect a buyer's position.
If buying a property with asbestos is on your mind, the next step is a straightforward one. Get in touch with the Brookwater Legal team or call (07) 3437 8555, and we'll talk you through how the process generally works.
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External Resources
- Queensland Government - Frequently asked questions for homeowners and the general public (asbestos)
- WorkSafe Queensland - Which businesses are licensed to remove asbestos in Queensland?
- Queensland Building and Construction Commission - Asbestos safety
- Asbestos and Silica Safety and Eradication Agency - Knowing where asbestos is in a home can keep people safe
- Queensland Government - Seller disclosure scheme
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
