Do we declare asbestos in garage roof

longwalks1

We’ve just listed late mother in laws house for sale and we are almost certain the old garage roof (house is 1930’s or early 40’s build) is, or contains asbestos.

do we need to declare it?  Or only if asked by a buyer?  We don’t know for certain but one of the executors has asked the question to the other 2.

just wanted to know how it’s normally dealt with.
thank you everyone in advance 

TheJP

Unless you have had an expert assess it you have no legal obligation to declare that you think it may have asbestos. Let the buyers do their due diligence and find out for themselves. 

longwalks1

Thanks TheJP - just wanted to be sure where we stood as one executor is hellbent on delaying things and making the sale as awkward as possible 

theartfullodger

Of course you do.  Do the decent thing!  
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How'd you feel is someone misled you over such a matter?  Genuine question, looking forward to your response.
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Best wishes to all 

bobster2

TheJP said:

Unless you have had an expert assess it you have no legal obligation to declare that you think it may have asbestos. Let the buyers do their due diligence and find out for themselves. 

As a seller you need to answer questions truthfully - to the best of your knowledge.

As a non-expert - if they ask about whether there's any asbestos present in the property - unless you've had it postively identified you would probably need to say you don't know.

However, with older corrugated cement garage roofs - it's so common for them to contain asbestos - and so widely known that they do - personally I'd say "probably the garage roof".

Asbestos cement garage roofs are typically low risk - the fibres are bonded to the cement - and (although I wouldn't do this myself) can be removed on a DIY basis and taken (with precautions and with a permit) to local authority waste centres.

https://www.eden.gov.uk/business-and-trade/food-hygiene-and-health/health-and-safety-at-work/working-with-asbestos-cement/

It certainly shouldn't be a reason for a big price reduction.

mexican_dave

Just to be clear reckon the "permit" is for an appointment to dispose of the asbestos at the council's waste facility. But leave that for the buyers to sort out. Again as none of the executors are experts don't make any firm claims about the garage, do as bobster2 says and use the word "probably".

Section62

longwalks1 said:

We’ve just listed late mother in laws house for sale and we are almost certain the old garage roof (house is 1930’s or early 40’s build) is, or contains asbestos.

do we need to declare it?  Or only if asked by a buyer?  We don’t know for certain but one of the executors has asked the question to the other 2.

just wanted to know how it’s normally dealt with.
thank you everyone in advance 

One factor is how smoothly you want the sale to go through.  The usual is for the buyer's surveyor to flag up the risk of asbestos in the property, and in this case there is a high probability the garage roof will contain asbestos.

Some buyers will then use that information to negotiate the agreed price downwards, often by far more than it will cost to deal with the problem.  If the executors aren't acting as one then this renegotiation will offer another opportunity for disagreement and delay.

Even if legally to don't need to 'declare' the possibility of asbestos, you may want to consider whether to volunteer that information to prospective buyers so they know before offering, and can't claim not to have known if they come back later for a price reduction.

Section62

bobster2 said:

Asbestos cement garage roofs are typically low risk - the fibres are bonded to the cement - and (although I wouldn't do this myself) can be removed on a DIY basis and taken (with precautions and with a permit) to local authority waste centres.

It certainly shouldn't be a reason for a big price reduction.

The suspect material should be tested before deciding what to do about it.

Although a lot of garages have asbestos cement sheeting containing lowish levels of chrysotile asbestos, that isn't universally the case and some may include materials with a high asbstos content, and/or fibre types that are more of a concern.  The condition of the sheeting is also a factor in risk assessment, as it the ease with which the sheets can be removed.

As a buyer I'd work on the basis I'd need to get a licenced contractor to do the removal work and allow a generous sum for their work, plus the cost of a replacement roof.  The total bill could be quite substantial.

bobster2

Section62 said:

The suspect material should be tested before deciding what to do about it.

Although a lot of garages have asbestos cement sheeting containing lowish levels of chrysotile asbestos, that isn't universally the case and some may include materials with a high asbstos content, and/or fibre types that are more of a concern.  The condition of the sheeting is also a factor in risk assessment, as it the ease with which the sheets can be removed.

As a buyer I'd work on the basis I'd need to get a licenced contractor to do the removal work and allow a generous sum for their work, plus the cost of a replacement roof.  The total bill could be quite substantial.

Of course - as a buyer I'd work on that basis too! Then once the price had been negotiated down - move in - and leave the roof alone which is what many people do.

As a seller - if I had a buyer demanding a huge reduction for a cement asbestos garage roof I might be inclined to have it tested myself to confirm it's low risk and suitable for DIY disposal.

prowla

As a buyer I'd ask "Are there any known issues with the property?".

As for replacing a garage roof, I had mine done last year; it was £2000 all-in, including removal of the old (probably) asbestos-containing corrugated sheets.

user1977

prowla said:

As a buyer I'd ask "Are there any known issues with the property?".

What's the definition of a "known issue"? You're not going to get very far by asking such vague questions. If the asbestos hasn't caused any problems so far, is it an "issue"?

If you want to know whether the vendor is aware of any asbestos in the property, ask that.