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Asbestos regulations in South Africa
The Asbestos Abatement Regulations, 2020, without the legal language.
One set of rules governs every asbestos job in South Africa. They replaced the 2001 regulations, and they decide who may touch an asbestos roof, how much notice the Department needs, what proof you should be handed at the end, and what it costs to ignore them.
Need it done properly? Send the address on WhatsApp for an estimate in minutes, or check what removal costs in Gauteng and get a fixed quote.
Six things that make an asbestos job legal
If a quote is missing any of these, the job is not compliant, whatever the price says.
| Requirement | Where it comes from |
|---|---|
| A registered asbestos contractorRemoving asbestos cement is type 2 work. Only a contractor registered with the chief inspector may do it. | Regulation 1, definitions |
| Seven days' written notice to the DepartmentTo the Chief Director: Provincial Operations, before work starts. A shorter period must be approved. | Regulation 10 |
| An approved plan of workSite-specific, and co-signed by the client, the registered contractor and the approved inspection authority. It names the disposal site and the waste transporter. | Regulations 12 and 15 |
| Air monitoring during and after the workDone by an approved inspection authority, not by the contractor. | Regulations 16 and 22 |
| A clearance certificate at the endVisual inspection, air sampling against the clearance indicator, confirmation the waste is gone, then a written declaration. | Regulation 22 |
| A document from the disposal siteWaste sealed in containers, the property checked, vehicles decontaminated, and proof obtained from the site that took the waste. | Regulation 21 |
The regulations bind employers, self-employed people and the asbestos client, which they define as any person for whom asbestos work is performed. As a homeowner you are the client.
What the client has to do
Regulation 11 puts a short list on the person paying for the work. Before an asbestos roof comes off you are expected to:
- Hand over what is known about the asbestos on the property, and where a workplace has an inventory of asbestos in place, give it to the contractor and the inspection authority.
- See that an asbestos risk assessment is carried out before the work starts.
- Appoint the registered contractor and the approved inspection authority in writing.
The technical duties, the plan of work, the air monitoring and the clearance certificate, sit with the contractor and the inspection authority. Your job is to check they happened and to keep the paperwork.
What nobody may do
Regulation 24 is a flat prohibition. It applies to homeowners, painters and contractors alike:
- Clean or prepare the surface of asbestos cement, which rules out pressure-washing and sanding before painting. More on painting and sealing.
- Cut, grind or drill asbestos-containing material with power tools or other fast-moving equipment.
- Sell, donate, reuse, reinstall or recycle asbestos material.
- Use compressed air to clean up asbestos dust, or vacuum it with anything but a very high-efficiency filter.
- Demolish a building before its asbestos has been identified and safely removed or controlled.
Inventories, and who needs one
Regulation 4 requires an employer or self-employed person to have a competent person list every asbestos-containing material on the premises in an inventory of asbestos in place, kept on site. That covers factories, warehouses, offices, schools and body corporates with staff. A private house does not need one.
For a workplace the roof is only part of it: gutters, downpipes, ceilings, partitioning and old pipe lagging all belong on the same list.
What it costs to ignore
Regulation 25 makes any contravention an offence. On conviction it carries a fine or imprisonment of up to 12 months. If the offence continues, a further R500 applies for each day, or one day's imprisonment per day, up to 90 days.
Two other rules sit outside these regulations and catch people out: new asbestos material has been banned in South Africa since 2008, and since November 2022 the Department of Employment and Labour has barred installing solar panels on an asbestos roof.
Questions people ask about the asbestos regulations
Do I need a registered contractor to remove my asbestos roof?
Yes, for anything but a very small job. Removing asbestos cement is type 2 asbestos work, and only a contractor registered with the chief inspector may do it. The exception is type 1 work: removing less than 10 m² of asbestos cement, not repeated on the same site within six months.
Does the Department have to be told before the work starts?
Yes. Regulation 10 says no employer, self-employed person or asbestos client may carry out asbestos work of any type unless the Chief Director: Provincial Operations has been notified in writing at least seven days beforehand. A shorter period can be allowed, but it has to be approved.
I'm a homeowner, not a company. Do the regulations apply to me?
They reach you as the asbestos client, which the regulations define as any person for whom asbestos work is performed. In practice the contractor carries the heavy duties, but you are expected to give them what is known about the asbestos on the property and to see that a risk assessment is done before work starts.
What is a clearance certificate and who issues it?
After type 2 or type 3 work, an approved inspection authority inspects the area, takes air samples against the clearance indicator, confirms all asbestos waste has been removed and issues a written declaration. That declaration is the clearance. The contractor cannot issue it themselves.
Do I need an asbestos inventory for my house?
No. The inventory of asbestos in place under regulation 4 is a duty on an employer or self-employed person for a workplace or premises, so it covers factories, offices, schools and similar buildings, not a private home.
What happens if the rules are ignored?
Regulation 25 makes a contravention an offence. On conviction it carries a fine or up to 12 months' imprisonment, and for a continuing offence a further R500 for every day it continues, or a day's imprisonment per day, capped at 90 days.
Sources: Asbestos Abatement Regulations, 2020, published by the Department of Employment and Labour, regulations 1, 4, 10, 11, 12, 15, 16, 21, 22, 24 and 25. This page explains the rules as published and is not legal advice.
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