Asbestos survey

deborahxc123

Hi Any one knows what is Asbestos Survey? We are about to exchange but our solicitor is asking Asbestos survey report from the seller. The sellers says this is a newly built flat in 2014, so there is no potential Asbestos. Our solicitor insists this is a legal requirement. Anyone knows is it difficult to arrange the survey or not?

davidmcn

Communal areas (if it's a building old enough) are meant to have a register of any asbestos-containing parts. But I wouldn't have thought that necessary for something this modern - have you pointed out to your solicitor that it was built long after asbestos stopped being used?

HampshireH

Your solicitor is wrong. An asbestos survey on a New build is a waste of time and money.

If it were a legal requirement we would all have needed one on purchase.

Ask them what legal requirement.

deborahxc123

davidmcn said:

Communal areas (if it's a building old enough) are meant to have a register of any asbestos-containing parts. But I wouldn't have thought that necessary for something this modern - have you pointed out to your solicitor that it was built long after asbestos stopped being used?

Thank you. I think my solicitor knows that this is a new built and the seller pointed this to her as well. So this is not a mandatory thing for exchange, right?

deborahxc123

HampshireH said:

Your solicitor is wrong. An asbestos survey on a New build is a waste of time and money.

If it were a legal requirement we would all have needed one on purchase.

Ask them what legal requirement.

Yes, I checked and found that buildings after 2000 are banned to use such material and I do not think the management company holds this survey because the solicitor of the sellers says it is not applicable. My solicitor replies that they need to confirm there are no common area in that case otherwise Asbestos is a legal requirement...

HampshireH

Ask your solicitor which legislation makes this a legal requirement during a new build property purchase.

Looking at the regs I think that despite it being complete madness for A 2014 building to need one,  that actually they do not mention a year to ensure that they protect against ill practice.

For example if they specified a year the the HSE could find themselves in trouble if a dodgy builder was stashing asbestos for 10 years and then used it. 

The regs make the freeholder responsible for their asbestos management plan. This would undoubtedly include a survey so it really shouldn't be a hardship to provide it.


They would have had to provide this for all other sales so shouldn't be difficult.

So the freeholder should have one if they have communal areas.

But I cannot find any legislation which states it has to be provided during a purchase or before completion. So I half take back my previous post

davidmcn

HampshireH said:

But I cannot find any legislation which states it has to be provided during a purchase or before completion.

There's none, it's just one thing which buyers/lenders would want some reassurance about before potentially taking on the liability for an asbestos-riddled building. I've also had a quick look at the regulations and can't see an exemption, so it may be just be a question of somebody suitably qualified saying there's nothing needed because of the age of construction.