Asbestos in Pre-2000’s properties
Asbestos is commonly found in properties built before 2000, but its use was prohibited after that year. The Health and Safety Executive (HSE) provides a comprehensive set of guidance notes and an interactive diagram on their website. Additionally, the website features photographs of typical materials containing asbestos that may still be present in pre-2000 buildings.
Attempting to repair or remove asbestos materials on your own is not advisable. If you believe or have strong suspicions that your home contains asbestos, it's usually safest to leave it undisturbed, particularly if it's in good condition and not prone to damage. Regularly inspect these materials to ensure they remain undamaged and have not begun to deteriorate. Should you plan any DIY home improvements, repairs, or maintenance, and expect to hire builders, maintenance workers, or contractors, make sure to notify them about any asbestos in your home before work commences. This precaution helps minimize the risk of disturbing these materials. The Health and Safety Executive (HSE) highly recommends hiring trained professionals for the repair or removal of asbestos.
Asbestos health risks
Asbestos continues to claim approximately 5,000 lives each year, surpassing the number of road fatalities. Weekly, about 20 tradespeople succumb to illnesses linked to prior asbestos exposure. Asbestos remains a contemporary issue, potentially present in buildings constructed or renovated before 2000.
Regulations governing asbestos use in construction led to a comprehensive ban in 1999. Disturbing or damaging asbestos-containing materials releases fibers into the air, which, when inhaled, can lead to severe diseases. These conditions may not manifest immediately; they often develop over time and, by the time they are diagnosed, it is usually too late for intervention.
Widely used in houses built in 1980’s and earlier
Asbestos was commonly used in building materials during the 1970s and 1980s, serving as insulation, in Artex textured ceilings, floor and ceiling tiles, roofing, and as a heat barrier. It's prevalent in homes built or renovated before 2000. However, asbestos poses a risk only when its fibers become airborne and are inhaled. If materials containing asbestos, such as garages, roofs, or storage heaters, are intact—that is, undamaged, undisturbed, and you have no plans to interfere with them—then they do not present a health hazard and it may be safe to leave them as they are.
An accredited asbestos contractor, your surveyor, or a local environmental health officer can provide guidance on the appropriate actions to take.
Does the seller have to tell me about any asbestos?
For buyers, it's important to understand that the principle of 'caveat emptor' (let the buyer beware) generally applies. It is the buyer's and their surveyor's responsibility to investigate the presence of asbestos on the property.
Do not expect that sellers will disclose any known asbestos. Standard property inquiries do not cover asbestos; this is an issue for your surveyor and falls outside the scope of typical residential conveyancing.
Should your surveyor suspect the presence of asbestos, we can request additional information from the sellers. They are not obligated to answer, and may recommend an asbestos survey instead. However, if they do provide information, they could be held accountable for misrepresentation should their disclosures prove to be untruthful.
Asbestos surveys
If you or your surveyor suspects the presence of asbestos in a house you're considering purchasing, it's advisable to have it inspected by a certified asbestos surveyor. They can assess the risk and advise on whether removal is necessary or if it can be safely sealed or enclosed.
Additionally, you can consult an environmental health officer at your local council. The cost of a survey typically ranges from £150 to £400, varying with the size and age of the property. Should the surveyor detect asbestos or deem its presence likely, they can devise a management plan, which may involve removal by a licensed contractor, encapsulation, or sealing.
Asbestos removal or management contractors
Your surveyor or local environmental health officer may be able to suggest an accredited contractor. The HSE's Asbestos Licensing Unit grants licenses for high-risk asbestos work. Licensees must prove they possess the required skills, competence, expertise, knowledge, and experience in asbestos work, as well as robust health and safety management systems. However, lower-risk tasks like drilling into artex ceilings or boards for fitting installations, some sealing work, and certain removal tasks can be done without a license by qualified tradespeople. It's advisable to verify this with both the contractor and your surveyor.
In owner-occupied domestic properties, the owners are not legally liable for any risks contractors face from asbestos, since the owners are not involved in any work activity.
Asbestos waste
Moreover, materials containing asbestos must be disposed of legally as hazardous waste, separate from regular household waste. You might have the option to arrange for collection, or there may be designated facilities in your area for disposal. For information about asbestos and its proper disposal, it's advisable to contact your local authority.
Non-domestic properties
Non-domestic and commercial properties fall under the jurisdiction of the Control of Asbestos Regulations 2012. These regulations do not pertain to individual domestic properties. However, common areas in apartment blocks or shared land may be considered 'non-domestic' and thus subject to the regulations. Areas that could be included are:
• Entrances,
• Lobbies,
• Elevators,
• Boiler rooms,
• Stairwells,
• Attics,
• Shared garages,
• Storage rooms,
• Bicycle sheds, etc.
Owners or managers of these areas are obligated to assess whether asbestos is or may be present. If it is, they are then required to manage the risk effectively. This may involve the duty to conduct an asbestos survey and implement any recommended actions.
Buy-to-let landlord’s duties
While the Regulations are applicable to non-domestic properties, it remains ambiguous whether a property rented out in its entirety or on a room-by-room basis qualifies as 'non-domestic'. It is probable that landlords are responsible for any common areas, entailing an obligation to identify and manage any asbestos present appropriately.
Landlords of most buy-to-let properties are typically accountable for the building's structure, including areas that may contain asbestos. The Health and Safety Executive (HSE) would likely expect landlords to manage asbestos responsibly, adhering to the standards set by the Regulations.
Landlords should be aware that any breach of these regulations could lead to significant fines due to criminal conviction, underscoring the importance of taking asbestos management seriously.
As always, if you have any questions about the above please contact us.
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