Fire risk assessment and asbestos reports for selling a flat

Avagadra

Hello,

We are first time sellers and are having issues with some enquiries on our sale. The sale has been going on for months now with these things are hanging over and we are about to lose the property we want to move to because this isn't being sorted

Our buyers solicitors are insisting that legally they require a fire risk assessment for the common areas and an asbestos report to be prepared. Our solicitor and the management company who look after the building have never had to provide these for the sales before and don't have them.
So can anyone tell us whether or not these are a legal requirement or not please?

If yes, what is the cheapest/fastest/easiest way to go about getting them done?


Thanks in advance

sparky130a

What tosh. Unless they have an utterly ridiculous lender.

A) They can conduct these surveys themselves

You tell them to do one and put the property back on the market

cashbackproblems

have they already had their own survey done? Sometimes the surveyor can mention that asbestos is a risk and needs to be more closet examined could they be reacting on that? In which case i don't think it is a legal requirement so you wouldn't have to pay, however £200 extra or losing the sale you might want to.

Putting the property on the market is not that easy and its usually cutting off your own nose to spite your face.

lincroft1710

This could actually be hilarious!

The building may in fact have "fireproof" doors and in the 1970s (possibly also before and after) what made the doors "fireproof"? Yes you've guessed, a sheet of asbestos cement!

G_M

I hate to disagree but

1)

It is now a legal requirement for all UK Businesses, Buildings of Multiple Occupancy (HMO’s), and communal/common areas of flats to carry out a fire risk assessment under The Regulatory Reform (Fire Safety) Order 2005.

2)

http://www.hse.gov.uk/asbestos/building-owner.htm

Are you a...building owner?

What you need to know

If you are a building owner, and/or are responsible for the maintenance or repair of non-domestic premises, you have a duty to manage any asbestos in that building.

The duty to manage covers all non-domestic premises including industrial and commercial buildings such as factories, warehouses, offices and shops. The duty also covers public buildings such as hospitals, schools, museums, libraries, leisure centres, churches and other religious buildings.

Although the duty does not apply to domestic premises such as private houses, it does apply to the ‘common parts’ of multi-occupancy domestic premises, such as purpose-built flats or houses that are converted into flats.

What you need to do as the dutyholder

• Find out if asbestos is present
• Make a record of the location, type and condition of the asbestos
• Assess the risk of anyone being exposed to the asbestos
• Prepare a plan on how to manage these risks
• Put the plan into action, monitor it and keep it up to date
• Provide this information to anyone who might work on or disturb the asbestos

davidmcn

G_M wrote: »

I hate to disagree but

1)

It is now a legal requirement for all UK Businesses, Buildings of Multiple Occupancy (HMO’s), and communal/common areas of flats to carry out a fire risk assessment under The Regulatory Reform (Fire Safety) Order 2005.

Not "all UK" given that "this Order extends to England and Wales only." (can't categorically say that nothing similar exists elsewhere but I haven't seen it come up in Scotland)

In any event, there's no legal requirement for a seller to do the fire risk assessment / asbestos report prior to selling. The buyers can be invited to take over the ongoing breach, which in reality nobody else is likely to enforce.

I presume the buyers are not actually worried about buying an asbestos-ridden firetrap, because they would have thought about that irrespective of these regulations, wouldn't they?

G_M

Good point. Taken from a poor source, but the Order is relevant to the enquiry.

Yes, no obligation on a seller to either do a risk assessment or provide one. But perfectly in order for the buyer to ask if the required risk assesment has been done and if not why not