Solicitor asking for Asbestos report and 2 Indemnity Policies

anewgrasshopper

Hello, I hope I can find some guidance, you guys always help me out  

I found a place, made an offer, was all good to go.. then 3 outstanding issues for my share of freehold-to-be:

It was built between 1850 - 1915 and fully refurbished in 2017 (mansion converted onto 5 flats)

1. There is no Asbestos report - freeholder suggesting I should pay

2. No evidence of some discharge - solicitor seeking Indemnity policy

3. No new home warranty - solicitor seeking Indemnity policy

I am under the impression the insurance knows about the asbestos, their document mentions this: is constructed of brick, stone or concrete and roofed with slate, tile, concrete, metal or asbestos. 

I can't find anywhere in the insurance that it says that it has to have an Asbestos report

My solicitor is asking for it from the vendor's though

Are there happy endings for things like that? I thought I could move in fast, but not too sure anymore!

I read elsewhere that if freeholder pays for it, that we should expect to see this in the service charge, it seems unfair I have to cough up for something they should have done 4 years ago when they refurbished it all. My lender is also lending me £6k less too as I am on low wages  

These are the words of my solicitor below:

Though of course what other parties may or may not have done is immaterial as the statutory requirements of the freeholder are clear.  I shall await the Asbestos Report please in reply to Enquiry 8.  I also look forward to hearing from you with your Replies to Enquiries 11 and 12 as regards the apparent lack of Building Regulations compliance, and lack of new home warranty also.

What are your thoughts? 

[Deleted User]

So they did all the work on this place without any asbestos survey? Already sounds dodgy. Although I’m not sure if properties constructed at that time would contain asbestos as it was much more popular later on but still possible. It may also be worth getting the plaster checked if it has horse hair.

Personally speaking as a layman it depends how much you want the property. If you want it bad and don’t want to lose it, pay. If not risk it and bluff and ask them to pay or pull the plug.

anewgrasshopper

Yes they did a massive job and no survey, quite strange.

The vendor who is a buy to let upset the others when he breached the lease, to the point they wanted to forfeit his lease.. so they will be glad to get rid of him although who knows what they will be like! 

The property is nice, way overpriced but I guess I could find another one, I am not getting emotional about any property anymore after a failed purchase in 2015 

Survey: Other joinery and finishes and ceiling

It should be noted that these coverings may have been installed over the top of the existing asbestos soffit board

It should be noted that due to the age of the property, it is possible that an element of asbestos may be contained in the older soffit finishes. 

It should be noted that due to the age of the property, it is possible that an element of asbestos may be contained in the older ceiling finishes and concealed beneath the new ceiling finishes.

GoogleMeNow

1.  The asbestos report is part of the usual leasehold management pack, which the seller pays for.  It is required for any building containing flats that was built before 2000, though it was mainly buildiings built in the 1950s - 1980s which used asbestos.   It would be the responsibility of the freeholder (or the agent) to commission the asbestos report, though it does appear that many freeholders don't realise they need one.  The freeholder would pay for the survey, though of course the cost would be recovered in the service charges.  It would not be normal for a buyer to pay for a survey.

2.  Is there a charge on the title which should have been discharged?  Sounds as though a historic charge (mortgage) is still listed but should have been removed many years ago.

3.  There doesn't appear to be an NHBC/LABC warranty, or at least no paperwork to that effect and no building regulations compliance certificate.

FreeBear

Deleted_User said: It may also be worth getting the plaster checked if it has horse hair.

Lime plaster will contain goat, pig, or horse hair in the base coats to give it strength & resist cracking. The presence of animal hair in its self is of zero risk. However, there is a very small (insignificant) risk of exposure to anthrax. The HSE has issued guidance on the subject - https://www.hse.gov.uk/construction/healthrisks/hazardous-substances/harmful-micro-organisms/anthrax.htm - It is worth noting that the HSE say there are no reported cases of anthrax in construction workers.

anewgrasshopper

GoogleMeNow said:

1.  The asbestos report is part of the usual leasehold management pack, which the seller pays for.  It is required for any building containing flats that was built before 2000, though it was mainly buildiings built in the 1950s - 1980s which used asbestos.   It would be the responsibility of the freeholder (or the agent) to commission the asbestos report, though it does appear that many freeholders don't realise they need one.  The freeholder would pay for the survey, though of course the cost would be recovered in the service charges.  It would not be normal for a buyer to pay for a survey.

2.  Is there a charge on the title which should have been discharged?  Sounds as though a historic charge (mortgage) is still listed but should have been removed many years ago.

3.  There doesn't appear to be an NHBC/LABC warranty, or at least no paperwork to that effect and no building regulations compliance certificate.

I am not sure what that charge is, I will ask solicitor tomorrow what my options are, indeed both freeholder and vendor were oblivious to Asbestos report even though 5 flats were sold from that conversion 4 years ago, and another 3 are selling within less than a year or so (only 1 bed flats so easily outgrown)

anewgrasshopper

I managed to complete the flat purchase my solicitor pushed for the Asbestos report and indemnity policies, and all sorted! I hope all will be well - hurrah for happy endings  

dennis771

anewgrasshopper said:

I managed to complete the flat purchase my solicitor pushed for the Asbestos report and indemnity policies, and all sorted! I hope all will be well - hurrah for happy endings  

Hi, I am going through a similar issue at the moment - my solicitor has requested an asbestos report but there is not one in place. He has had to report this to the lender.

Who payed for the asbestos survey in the end - was it the freeholder or the seller?

Thanks 🙂

RHemmings

dennis771 said:

anewgrasshopper said:

I managed to complete the flat purchase my solicitor pushed for the Asbestos report and indemnity policies, and all sorted! I hope all will be well - hurrah for happy endings  

Hi, I am going through a similar issue at the moment - my solicitor has requested an asbestos report but there is not one in place. He has had to report this to the lender.

Who payed for the asbestos survey in the end - was it the freeholder or the seller?

Thanks 🙂

The OP hasn't been active on the forum since April 2022.