Have you been asked by the bank to provide an asbestos survey for a property you’re buying? Or have you purchased a commercial property and now need to manage the asbestos within it?
You may be wondering what types of asbestos surveys there are and what they mean. Our handy guide gives a quick overview of the two types of asbestos surveys. There are two types of Asbestos Survey which can be carried out by a suitably qualified Asbestos Surveyor :
- Management Survey
- Refurbishment and Demolition Survey
The purpose of asbestos surveys is to provide accurate information on the location and condition of asbestos-containing materials. The survey will assist with managing asbestos in your premises and provide a record of the location, condition, type and extent of the asbestos (Asbestos Register)
Legal Requirements for Asbestos Surveys
Control of Asbestos Regulations 2012: Regulation 4
If you have maintenance and repair responsibilities for non-domestic premises, you have a duty to assess and manage the risks from the presence of asbestos.
Requirements of CAR Regulation 4, are placed on the ‘duty holder’ to :
- Take reasonable steps to determine the location of materials likely to contain asbestos
- Presume materials to contain asbestos, unless there are good reasons not to do so
- Make and maintain a written record of the location of the ACMs and presumed ACMs
- Assess and monitor the condition of ACMs and presumed ACMs and prepare a written plan of the actions and measures necessary to manage the risk; and
- Take steps to see that these actions are carried out
Legal Requirements for Domestic Properties
The ‘Duty to Management Asbestos’ requirements (car 2012, regulation4) do not normally apply to domestic premises.
However, common parts of domestic premises such as housing developments and flats, do come under CAR 2012, Regulation 4.
If you own your own individual home and reside in this then there is no legal obligation to have an asbestos survey carried out and no legal obligation to manage asbestos within that property. If you own domestic premises which have common areas, then you are legally required to manage asbestos within these areas – but not within individual living areas.
Legal requirement to provide asbestos survey when selling or buying a home in the UK
You may be buying or selling a home and wondering if you legally need to have an asbestos survey carried out.
Legally, when selling or buying a home in the UK, you do not have to have an asbestos survey carried out. However, lenders are starting to make this a requirement with homes built pre-2000. Therefore, it is always advisable to look into what type of asbestos survey you need beforehand.
Which Asbestos Survey is best when buying a home in the UK?
If you are a homebuyer, you can choose the option of a pre-purchase asbestos survey. Essentially this is a Management Survey and will identify (as far as reasonably practicable) the presence and extent of any suspected asbestos-containing materials within the property. The survey is carried out to identify asbestos material which could be disturbed during normal occupancy, including foreseeable maintenance and installation.
Pre-purchase asbestos surveys can provide you with all the information you need to make an informed decision when buying a house. By being aware of any asbestos in the property, you can obtain quotes for asbestos removal works and negotiate the asking price. In addition to monetary benefit, the asbestos survey will give a good understanding of where asbestos is in the property (if any) and helps you to manage it safely.
If you plan to buy a property and renovate/demolish it, then the survey you will require is the Refurbishment and Demolition Survey (R&D). This is a more intrusive survey which involves access to all areas, including those which may be hard to reach.
R&D Surveys are likely to be carried out when you own the property and not before.
Asbestos is dangerous when it has been damaged or disturbed.
If asbestos is identified during an asbestos survey, you do not need to remove this providing it is in good condition and shows no sign of deterioration. You can inspect the condition on a regular basis to ensure no changes have occurred.
If you’re looking for an asbestos survey in Nottingham, Derby, Leicester or Sheffield, get in touch with us on 01623 272 611 or head to our contact page.
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