What is an asbestos clearance certificate, and why do you need one?
Updated: 2 days ago
When asbestos is removed from a building, the job isn't finished when the removalist packs up. Before anyone moves back into the area, or the next trade starts work, New Zealand law requires an independent check that the area is safe. That check is the clearance inspection, and the document that confirms it is the clearance certificate.
If you're a builder, property manager, building owner or homeowner planning removal work, here's what you need to know.
What the law says
The rules are in the Health and Safety at Work (Asbestos) Regulations 2016:
Regulation 41 (clearance inspection): when licensed asbestos removal work is finished, a clearance inspection of the removal area must be carried out. For Class A (friable) removal it must be done by an independent licensed asbestos assessor. For other licensed removal, mainly Class B (non-friable), it must be done by an independent competent person.
Regulation 42 (clearance certificate): the business (PCBU) with management or control of the workplace must obtain a written clearance certificate before the asbestos removal area is reoccupied.
Both obligations carry fines of up to $10,000 for an individual and up to $50,000 for a company or other organisation. Where the workplace is a home, the licensed removalist the homeowner engaged must make sure the clearance inspection happens.
Source: Health and Safety at Work (Asbestos) Regulations 2016, regs 41–42 (https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2016/15/en/latest/#DLM6729269).
What is a clearance inspection?
The regulations define it as an inspection, including a visual inspection, of the removal area after the work is complete, to verify the area is safe for normal use.
Class A: the inspection must include surface testing and air monitoring in a dry condition before the enclosure is dismantled.
Class B: the inspection may include surface testing and air monitoring, depending on the job.
WorkSafe's Asbestos assessments guidelines describe a staged clearance procedure. The assessor works with the removalist, photographs the area as evidence, and records any asbestos-containing materials left in place so the asbestos register and management plan can be updated (https://www.worksafe.govt.nz/dmsdocument/72529-asbestos-assessments/latest/).
What a clearance certificate must include
Under regulation 42, the certificate must be in writing and include the issuer's name, qualifications and contact details. It must also state:
the address and location of the removal area, and the date and time of the inspection
that no visible asbestos residue was found in or around the area where the work was done
if air monitoring was done, that the respirable asbestos fibre level does not exceed trace level (an average of less than 0.01 fibres/mL)
that, as far as can be determined, the area does not pose a risk to health and safety from asbestos exposure.
The assessor or competent person must not issue the certificate unless they're satisfied that all of this is true.
What happens if clearance fails?
It happens more often than people expect. WorkSafe lists common reasons, including visible asbestos waste still present, air monitoring results that are too high, an area too wet for proper surface testing, or sealant sprayed too early. When an inspection fails, the assessor issues a failed clearance inspection record showing which stage failed and why. The removalist fixes the problem and the clearance process starts again from the beginning. Allowing for this in your programme avoids nasty surprises.
Why independence matters
The regulations say independent for a reason. The person clearing the job must not be the person who did the removal. WorkSafe's guidance says the assessor must have remained impartial throughout the process. As a client, it's worth engaging your clearance assessor directly rather than leaving it to the removalist to arrange, so the check really is independent.
Who can issue one?
WorkSafe's licensing overview is clear (https://www.worksafe.govt.nz/topic-and-industry/asbestos/licensing/overview/):
Class A removal: only a licensed asbestos assessor can do the air monitoring, the clearance inspection and the clearance certificate.
Class B removal: an independent competent person can do the clearance. Licensed assessors can also clear Class B work.
Tips for builders and property managers
Book the clearance at the same time as the removal, so there's no gap between the removalist finishing and the next trade starting.
Ask for air monitoring on Class B jobs in occupied or sensitive buildings. It isn't always required, but it gives you objective evidence that the area is safe.
Keep the certificate with your asbestos records and update your asbestos register and management plan to show what was removed and what remains.
Don't let trades back in early. Reoccupying before the certificate is issued is an offence under regulation 42.
How AirSafe can help
AirSafe is an independent, Auckland-based asbestos consultancy covering all of New Zealand. Our consultant is a Licensed Asbestos Assessor, so we can clear both Class A and Class B removal work. We don't do removal ourselves, so our clearances are independent.
Clearance inspections with visual checks, surface testing and air monitoring
Clearance reports, usually within 24 hours
Asbestos surveys before work starts, with reports in 3–5 business days
Sample analysis by an IANZ-accredited laboratory
If you have removal work coming up and want the clearance sorted early, get in touch with AirSafe to talk it through.
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