What You Need to Know About Asbestos in Domestic Property Transactions
A definitive guide to asbestos compliance when buying or selling domestic properties
This subject has come up quite a lot with us recently, either from people who are annoyed that the property they have purchased has asbestos within it, costing them money to remove, or sellers worried about how asbestos might affect a sale - so we thought we would write up the ins-and-outs of asbestos in domestic properties.
Understanding Asbestos in Domestic Properties
When buying or selling a home, there's a lot on your mind—price, location, and of course, the condition of the property. However, it's best not to overlook the possible presence of asbestos. Asbestos containing materials pose little risk if in a good condition and not disturbed, but are highly dangerous in some circumstances and can be very costly to remove. So, if your property was built before the 2000s, it's crucial to understand whether asbestos is present.
Information for Sellers
Firstly, it's important to point out that domestic properties are not included in the Control of Asbestos Regulations 2012. So, there is no legal requirement for a seller to undertake a survey. However, by not instructing a survey yourself, you run the risk of the buyer getting their own done which may overstate the risks posed to help them barter on the cost of the sale. At Monitor, we will always report what is actually at the premises and state the risks posed - no matter who instructs us. Get a quote free of charge by contacting us here.
However, there is one other important point - If you're selling a home that you know to contain asbestos and don't disclose this on the TA6 Property Information Form, the buyers may have a case that you haven't given 'full disclosure'... although there is no specific area on the form to include this. Our opinion is that if the form specifically asks about Japanese Knotweed and Radon, then it should definitely ask about asbestos - but that is probably a matter for politicians.
Some less-professional asbestos consultancies continue to quote the Property Misdescriptions Act, but this was replaced by the Consumer Protection From Unfair Trading Regulations, which is aimed at the practices of estate agents, rather than those selling domestic properties.
Information for Buyers
As a buyer, it's in your best interest to conduct thorough research on the property you're considering. If the home was built before the year 2000, it’s highly advisable to arrange for an asbestos survey to identify whether asbestos exists and assess the level of risk. Get a quote free of charge by contacting us here.
The findings may help reassure you that your future home is safe, however if asbestos is found, don’t panic! Several options are available, including removal, encapsulation, or simply monitoring the material if it’s undisturbed and in good condition. We will happily talk you through your options and get any quotation on your behalf.
Overview
Whether you're buying or selling, the main goal should be getting a professional survey undertaken that both sides can trust, creating a report that is easy to understand and gives clear recommendations.
Exchanging contracts on a house is an exciting time, but often very stressful. Let Monitor take some of that stress away, and don't just take our word for it. As a house buyer recently said:
"Great experience using Monitor to test asbestos in a house I am purchasing, quick and efficient communication from Alex, we had some issue with vendor being away on holiday and had to postpone having the testing carried out on some rendered finish in a bedroom. Alex dealt with everything and communicated promptly even with the delay in testing. The results came back really quickly and the report was sent on to us with a full breakdown of the testing as multiple samples were taken. Thankfully no asbestos was detected."
