Asbestos found in soil around new extension

Paradon_of_Apathy

Hello,
I am trying to sell my house, and the property is under offer. Rather frustratingly the buyers have done a survey of the garden and land around an extension that was built approx 6 years ago.
The survey has turned up asbestos in the aggregate that was used as infil around the foundations for the extension.


I am aware that asbestos has been illegal for use in the building trade for a number of years now - the question is, is using contaminated aggregate a common practice or do I have a claim against the company who built the extension for the costs of removing the contaminated soil etc. If so - what is the best way to go about it..?


Many Thanks in advance for any helpful replies! :j

Doozergirl

Of course it's not common practice.

Where's the asbestos from?

When you dig foundations, you pull out the earth, you backfill woth concrete and you'll use a small amount of the earth to level off, but there will be plenty of soil left over. There's no need to use anything other than what comes out.

So either the asbestos was in the earth that they dug out, or they added it in on purpose to hide it - but you wouldn't usually have much of a depth to fill in.

It's intriguing that they surveyed the land. That's unusual. They must have spotted?

maisie_cat

I knew a builder a few years ago who told me recently that if he found asbestos on a site would "lose" it in a convenient slab he was pouring. I'm surprised that the buyers had a specific survey, is there history in the area of asbestos? Are you even sure that the testing is independent? it would be a strange way to try an negotiate down.

Paradon_of_Apathy

The survey of the land was due to the house being on a hill and the buyers were concerned that the extension would be prone to subsidence so they did a geotechnical survey of the land around the extension.

Cant really comment on the "independence" of the survey, but the lab reports state that the asbestos found is the blue type and as such is the worst possible outcome and I doubt a lecensed and registered laboratory would run the risk to fabricate such a result.


I am keen to know if this (ie the cost of removal or the loss of value on the house) is something I can throw back at the builders who did the extension!

EachPenny

Paradon_of_Apathy wrote: »

I am keen to know if this (ie the cost of removal or the loss of value on the house) is something I can throw back at the builders who did the extension!

I think it is going to depend on whether you can prove the asbestos was imported onto your land by the builders or if it was there already.

That proof would probably require extensive sampling of the infill 'aggregate' almost on a forensic basis.

You really need more information from the geotech survey - are they talking about fragments of material - crushed asbestos cement board say, or is it loose fibre?

The cause could be something as simple as the builder incautiously removing asbestos soffits on your house, and dust from these contaminating a pile of aggregate stockpiled for the backfill operation.

Ultimately it could become an HSE issue if the builder has purchased a contaminated batch of recycled aggregate... the HSE might want to explore the source and establish whether there is a widespread problem.

Unfortunately the survey has created a lot more questions than it has answered.

On a tangential point, this highlights the importance of using competent contractors when disposing of asbestos. One scenario is that the source could be an outbuilding (e.g. a shed or garage) on your property which was demolished by sledgehammer (perhaps long before you moved in). Since asbestos doesn't rot, someone else's decision not to get the job done properly might now end up costing you dearly.

EachPenny

maisie_cat wrote: »

I knew a builder a few years ago who told me recently that if he found asbestos on a site would "lose" it in a convenient slab he was pouring.

I wonder if he ever stops to think it might be his children or grandchildren that get asked to break the concrete slab up one day?

It happens, but is morally indefensible.

stuart45

Unfortunately many builders don't take asbestos seriously enough. Because the majority(myself included) have worked with asbestos in the past, there is the attitude that the risks are over exaggerated and companies are cashing in on the removal.
Probably due to the fact that it can take many years to have any effect.