Buying or selling a property? Know the asbestos liability first.
Asbestos in a building directly affects its valuation, insurance, and legal liability. Buyers need to know what they are acquiring; sellers need to disclose what they have.
An asbestos survey as part of due diligence identifies the type, quantity, and condition of asbestos-containing materials. This information determines whether removal is needed, what it will cost, and how it affects the transaction.
In many jurisdictions, sellers are legally required to provide asbestos information. For buyers, discovering asbestos after closing can mean unexpected costs running into tens or hundreds of thousands.
The Problem
Industrial properties, factories, plants, and production facilities, often contain the highest volumes of asbestos of any building type. Thermal insulation on pipes, boilers, and process equipment, along with asbestos cement roofing and partition walls, can represent removal costs in the hundreds of thousands.
Buyers of industrial sites must factor asbestos removal into the acquisition cost. Environmental contamination from historically poor asbestos management can also create soil remediation liabilities that significantly reduce the site's value.
What You Need
Frequently Asked Questions
Do you have to declare asbestos when selling in the UK?
Yes, sellers must disclose known asbestos in the Property Information Form (TA6). Failure to disclose can result in legal action from the buyer for misrepresentation.
Is it illegal to sell a house with asbestos in the UK?
No, it is legal to sell a property containing asbestos provided the buyer is informed. Managed asbestos in good condition is present in millions of UK properties and does not prevent a sale.
Who has the duty to manage asbestos?
The duty holder, typically the building owner, landlord, or managing agent of non-domestic premises, is legally responsible. Under CAR 2012 Regulation 4, they must identify ACMs, assess risk, prepare a management plan, and inform anyone who may disturb them.
Should I get an asbestos survey before buying a property?
An asbestos survey is strongly recommended before purchasing any pre-2000 property. It identifies potential liabilities, informs price negotiation, and ensures you understand the management obligations you will inherit as the new owner.
What are the legal requirements for asbestos surveys in the UK?
Under CAR 2012, duty holders must commission a management survey for non-domestic premises and a refurbishment/demolition survey before building work. Surveys must be carried out by a competent surveyor, ideally UKAS-accredited.
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