Asbestos - is this a new requirement when selling?

[Deleted User]

A neighbour in my block of (9) flats is selling their flat and the sale has fallen through due to the buyer's solicitor wanting some sort of asbestos certificate as the building is over 25 years old (actually about 35). The seller is actually in a care home so it's been difficult to get full details.

Has anyone else come across this? I'd like to know whether this will be an issue when others sell and whether maybe all the residents should club together to get one certificate rather than each have to pay as and when we sell.

Any info appreciated - especially what the certificate is (!) - many thanks.

prudryden

What next?? A certificate that there is no lead paint anywhere in the house! A certificate that there is no Radon gas beneath the house!! A certificate that the house is not located in a potential tornado path!!
More ideas for all you solicitors out there who have failed to reach your potential.

margaretclare

Hi

It used to be common for asbestos to be used in buildings. We live in a bungalow in south Essex, 1932, and asbestos tiles were used because they were cheap, light and easy to handle.

When next door changed hands a few years ago the buyer's mortgage provider insisted on the roof being re-done with modern concrete tiles. However this was not an issue when the other side changed hands (twice!) since then, so it really depends on what the mortgage provider's conditions are.

We had the roof replaced last May because the existing 75-year old tiles were slipping and cracking, and there were special conditions for having the asbestos tiles removed and disposed of.

Our church has had to produce a certificate saying there is no asbestos anywhere in the building, this is to comply with H&S regulations because it's a public building.

HTH

Margaret

Gorgeous_George

prudryden wrote:

What next?? A certificate that there is no lead paint anywhere in the house! A certificate that there is no Radon gas beneath the house!! A certificate that the house is not located in a potential tornado path!!
More ideas for all you solicitors out there who have failed to reach your potential.

A certifcate that the house price willl not fall?



GG

[Deleted User]

Thanks for the posts so far, especially Margaret.

I'm guessing then that there is no new requirement, just differing interpretations from conveyancers ie this may not come up again or it might every time. Guess the question is do I feel lucky?!

Does anyone have experience of what is needed to obtain a certificate and likely costs? Presumably the certificates do not expire as noone would add asbestos?

maninthestreet

Founs this on http://www.rics.org/Management/Healthandsafety/Hazardoussubstances/Asbestos/asbestos_guide.htm :

"The law change largely concerns properties in commercial use. This does not mean owner-occupied homes but the law does cover common areas in flats and homes under housing association control. These more explicit laws regarding asbestos replace those which have been in force for some time.

The main change is the requirement for an inspection for the presence of asbestos or asbestos containing materials (ACM's) in all commercial properties. This is required so that any asbestos that is present can have its condition monitored. The inspection will also prevent work being carried out unknowingly on an ACM."

Madjock

these certificates are a good idea, as per the above post. And how would you like to unwittingly end up with a large bill for specialist removal if you decided to knock down that 30 year old garage at the end of the garden of the house you just bought.

Rachman_2

Madjock wrote:

these certificates are a good idea, as per the above post. And how would you like to unwittingly end up with a large bill for specialist removal if you decided to knock down that 30 year old garage at the end of the garden of the house you just bought.

Caveat emptor.

You do your diligence and don't rely on nannying by someone else, same as it's always been. If you want to take down a garage, that's your lookout - why should a seller offer you comfort on that (for example). If you don't like the comfort you are getting, don't buy it or doi your own assessment, but the last thing we need is more nannying and more joke inspectorates and public sector jobs to protect people from their own stupidity/lack of due care.

What a waste of time a certificate is for the vast majority of houses - and they will insist on the inspection and certificate if they can just for a negative response - total waste of money....

[Our current house came back with asbestos in it according to the survey report - not a major problem, just be sensible with it and if you feel uncomfortable or don't know how to or feel able to remove it, pay someone else..... (but don't try snapping it or sawing it....) - it's now gone, put in the correct bin down the tip - no great worries..... - yes, it can cause problems, but so can drinking bleach, so you respect it and behave sensibly.....

[Deleted User]

maninthestreet wrote:

Founs this on http://www.rics.org/Management/Healthandsafety/Hazardoussubstances/Asbestos/asbestos_guide.htm :

"The law change largely concerns properties in commercial use. This does not mean owner-occupied homes but the law does cover common areas in flats and homes under housing association control. These more explicit laws regarding asbestos replace those which have been in force for some time.

The main change is the requirement for an inspection for the presence of asbestos or asbestos containing materials (ACM's) in all commercial properties. This is required so that any asbestos that is present can have its condition monitored. The inspection will also prevent work being carried out unknowingly on an ACM."

Thanks very much for this. Block is run by committee made up of residents so guess that's not caught by the housing association bit - sounds like buyer's conveyancer is taking a belt and braces approach.

Rachman_2

anactuary wrote:

Thanks very much for this. Block is run by committee made up of residents so guess that's not caught by the housing association bit - sounds like buyer's conveyancer is taking a belt and braces approach.

If I were seller, I'd be calling their bluff by putting it back on the market same day and telling them to do their own diligence or buy insurance - if I thought the market were buoyant enough to take it. Given seller is in a home, I suppose it comes down to whether they want/have to pay the council or not....

Madjock

Rachman, you're missing the point, it doesn't matter what's gone before, it's a requirement now for most mortgage lenders in certain properties or if it appears in the property information. The buyer's solicitor in this case is protecting his clients' interests, but the client has the option of instructing their solicitor not to have the report done. It sounds to me like the buyer is very well aware of caveat emptor.