Found asbestos in roof less than year after purchase - surveyor should have spotted

firely2327

Hello fellow MSE folk
I could really do with some advice. I purchases my first home last Spring and obtained a full homebuyers report. During my enquiry with the company before hiring them, they emailed me a list if key things that the report covered. Asbestos and signs of asbestos were two of the approx. 20 areas they specifically listed. I still have the email as proof. Now when I got the report all the surveyor said about asbestos was that a) there may be some in the facias, but as long as I don't go hacking at it (I'm paraphrasing of course) then it would be fine, b) couldn't inspect the attic due to the occupants junk so not sure if asbestos there (I later found out that there wasn't any asbestos up there). c) due to the age of the property some of the other building components could contain asbestos.


Roll on 9 months and a leaking, damp and very moldy utility room, with soggy wooden ceiling. Got a builder in and in one of the holes (circa 3inches) in the ceiling boards confirmed asbestos above. This hole has been there from before my purchase and if the surveyor had done his job properly, he should have spotted it. The roofer did this morning in a minute flat with just the light on his mobile phone to peer up into the hole. I've also confirmed it through a gap in the mortar in the outside, just below the concrete surface of the roof. It's quite obvious there's corrugated sheet asbestos in there.


So, whatever about his inspection from the outside, surely the surveyor should have noticed this if asbestos was such a key item covered in the report. The only thing he specifically said about this room was that he thought there'd been another wall in the middle of the room supporting the ceiling. If that was the case then there'd have been no means for entry/exit to the room, as all the other 3 walls are doorless and always have been. Such a daft comment about the wall,... however, not pertinent here.


My question, Do I have any recourse in real terms for going back to the surveyor and insisting they have screwed up and should cover the costs? It'll be an expensive business as the only way to remove the asbestos (which due to the moisture appears degraded ) is to remove the roof entirely (£1500 +VAT quoted) and install a brand new one (£ unknown as yet).


I'm not a happy bunny, obviously.


Aside from taking pics and a video, what other evidence/documentation should I gather if I'm going to pursue this? It could take some time either way, but I want that roof gone asap and have already begun sourcing appropriate persons to do the job next week!


Thanks for any help folks

hcb42

I''m not an expert on this but:

Asbestos is common, and the risk is when it is disturbed...

what are you looking for for the outcome? if the ceiling is mouldy you will need to replace it anyway, asbestos might complicate that, but it is by no means unusual

Mallotum_X

Get more quotes.

davidmcn

firely2327 wrote: »

the surveyor said...some of the other building components could contain asbestos.

And it turns out they do! I don't see that you have a claim.

antsmusic1

I'm no expert (at all) but in my limited experience of going back over past legal documents and challenging them, I would hazard a guess that the surveyor isn't liable as he said that there could be asbestos.
I'd imagine the surveyor would come back if challenged and say you should have requested further checks on asbestos before continuing with the sale.
Like I said, I'm no expert (and haven't yet experienced getting a Home Buyer's Report) so I'd hope some better advice follows

AnotherJoe

This is why I've never bothered to get a full survey after a similar first experience with a caveat ridden survey that missed the important things and stressed irrelevancies.
Saying "there may be asbestos" is the ultimate caveat !

I'd say you have no grounds whatsoever for complaint or redress.

firely2327

thanks folks, I appreciate your replies thus far. I'm going to fight this battle as the surveyor was supposed to actually check for asbestos or signs thereof, a fact that was stated to be included in the report before the surveyor visited the property. The fact that he missed something so obvious is absurd. However, I've found a clause in the actual report that states the followingThe surveyor does not carry out an asbestos inspection and
does not act as an asbestos inspector when inspecting
properties that may fall within the Control of Asbestos
Regulations 2006.


However, as that's in the report I would assume (bad word I know!) that as he didn't do what was promised, e.g actually check for asbestos or the signs, the company hasn't lived up to their part of the contract. They can't promise to do something, receive payment and then not carry out part of the inspection that was promised.

LisaLou1982

Afraid I agree with the surveyor on this one. If you wanted full clarification on asbestos in particular then you should have requested a refurb and demo survey with an asbestos company. These are not too expensive and will take samples. I would advise you get further quotes as what you gave described sounds expensive to me to simply remove asbestos and make good.

davidmcn

firely2327 wrote: »

I've found a clause in the actual report that states the following "The surveyor does not carry out an asbestos inspection and does not act as an asbestos inspector when inspecting properties that may fall within the Control of Asbestos Regulations 2006."

i.e. non-domestic properties - irrelevant from your point of view

firely2327

While I didn't expect the surveyor to test every nook and cranny in the property, overlooking a layer of asbestos in the roof which was actually visible to the naked eye I think is negligent. Failure to look for it was in breach of what was promised. As stated earlier, the roofer found it in seconds.




Lets wait and see what the surveying firm has to say.

Thrugelmir

firely2327 wrote: »

This hole has been there from before my purchase and if the surveyor had done his job properly, he should have spotted it.

Why would a surveyor look into a hole in the ceiling? Would you expect the surveyor to look into every crack etc on the off chance.

You've been there a year and never examined the damage yourself.