Owners of Mr Fluffy founder's house refuse government's 'rip-off' scheme

Owners of Mr Fluffy founder Dirk Jansen's former house, Leo and Lorraine Carvalho, enjoyed Christmas with their family in their leafy Lyons home and bank on celebrating the festive season there for years to come.

The couple said community alarm had subsided and it seemed as though Canberrans were under the impression the Mr Fluffy crisis had been dealt with.

But 59 of the 1022 identified Mr Fluffy block owners across the ACT have either rejected or are yet to accept offers made through the government's buyback scheme.

The Carvalhos initially opted into the scheme but disagreed with the valuation offered and are now exploring legal advice.

They wrote in May and again in June to the ACT government indicating they would not have a management plan in place before the February 2016 deadline, or at all.

Mr Carvalho, 71, put his life savings into a $500,000 renovation on the Lyons house in 2004.

He accused the government of trying to force residents to sign up to the scheme and said he would not be coerced into a "rip-off deal".

"We are not moving, today, tomorrow or in 2020," he said. "This is where I am staying until I die."

Mr Carvalho said what had gone on was a cataclysmic administrative debacle and homeowners should not have to bear the burden of cost to fix it.

"I'm not a guilty party," he said. "I abided by all the rules and regulations right up until 2013 when the extensions were approved. I am not going to pay for another management plan, I paid in 2004.

"They have made the mistakes so they can pay for it."

WorkSafe ACT Commissioner Fiona Barbaro said she empathised with homeowners who had "had a challenging 18 months" but reiterated those seeking to remain in their houses had been told since October 2014 about the mandatory obligation under the Dangerous Substances Act 2004 to develop and submit an Asbestos Management Plan to WorkSafe ACT.

"Asbestos Management Plans are not only to minimise future exposure for occupants, but for tradespeople and others who may need to enter and work in properties such as health care workers," she said.

"WorkSafe inspectors have a number of tools available to secure compliance. Ranging from co-operation, to notices and fines to coercive action. Any prosecution would be a last resort."

Mrs Carvalho said with asbestos assessments indicating the living areas were clear, she had no qualms about opening her home to family and friends to celebrate the holidays.

She and her husband have sought legal advice about their position after refusing to take part or comply with the terms of the buyback scheme.

"I have said to Leo several times, because we have been very vocal about it, they will make a scapegoat out of us," she said.

"But as far as I am concerned we've lost so much already so I'm not afraid to take this on."