Posted By Malcolm Greenhouse
Working for a Social Landlord we have not undertaken the above surveys for domestic properties other than in the case of Asbestos by proportional sample. We are about to sell a retail unit we own and the question has arisen should we have had a specific Asbestos and Legionella survey already on the books for this property. My answer has been that we should but the property experts are questioning my advise. Anyone any thoughts?

Posted By Ron Hunter
Control of Asbestos Regulations 2006 say that you should have an asbestos register for the property, and that you may discharge your duty under these Regulations by handing over that Register at the sale or transfer of title.

Of course it would be a criminal offence not to have done this, but you're not saying you haven't complied with the above.

If (in theory) the documents weren't available then "property law" doesn't dictate that one has to be produced. In that respect, and form their perspective, your 'property' people are correct. The absence of the document could of course have a bearing on both the price and saleability of the retail unit, particularly as "caveat emptor" would apply?