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DNW  
#1 Posted : 22 November 2009 10:33:57(UTC)
Rank: Forum user
DNW

Hi everyone,

Since talking to a friend of mine he is extremely worried. He bought his house under the 'right to buy scheme' in 2004. Since that time he has done a lot of work in the loft (flooring and boarding out etc). The insulation in there was of a loose fill type. I informed him it could be asbestos. Obviously if this is the case the potential for future health issues is dramatic. He only had a basic survey done by the mortgage lender but would the council in question have had a legal obligation to have informed him of its presence? They would have known it was there as the upstairs was totally rewired a few years before he purchased it. I'm not looking for official legal advice but can anyone point me in the right direction regarding which regulations to look at?

Thanks in advance

DNW
Canopener  
#2 Posted : 22 November 2009 18:25:04(UTC)
Rank: Super forum user
Canopener

It's an interesting question and one which may throw up a number of different answers. The duty to manage asbestos in 'non domestic' propeties was certainly in force in 2004 (under the Control of Asbestos at Work Regulations 2002 - now superseded by CAR) when your friend did his/her RTB.

The Council that I work for did a lot of work on this around that time, and took Counsel's advice as to whether a 'Council house' was 'non domestic' for the purposes of the regs. We were advised that the properties were 'non domestic' for the purposes of those regs and that there was a duty to manage. However, if you look at the HSE guidance on CAR http://www.hse.gov.uk/asbestos/campaign/chart.htm, this tends to contradict that advice.

Now as I recall, I am pretty sure that we did advise anyone considering a RTB application of the presence or otherwise of asbestos in the property that they were considering buying. I am also reasonably sure that at some point that a majot metrpolitan Council may have been 'caught out' by the asbestos/RTB issue and I seem to recall that they were faced with buying back properties, doing asbestos management/removal etc. I would guess that a quick trawl using google may reveal some examples etc.

However, in general the purchase of a house is subject to the legal principle of caveat emptor, 'let the buyer beware' and it is incumbent on the purchaser, and to a degree the lender (if there is one) to satisfy themselves of the condition of the property in relation to the asking price and/or the amount of money being borrowed.

But before you go any further, could I suggest that you seek to identify the material first? If it isn't asbestos then 'job done'. If it is, then look at the Control of Asbestos at Work Regulations 2002, which were the regs in place at the time of the purchase, and it might also be worth a enquiry with the Council from whom the property was purchased. IF necessary use the complaints procedure and thereafter the Local Government Ombudsman, legal counsel etc. However, I would think that any resolution is likely to centre on whether the property is legally defined as 'non domestic' or not.

BUT, again, BEFOREyou do any of that, get the material identified, as you may be 'worrying' about nothing.



Safety Smurf  
#3 Posted : 22 November 2009 19:06:04(UTC)
Rank: Super forum user
Safety Smurf

And whilst you're at it check the incoming water supply isn't lead pipe! Mine is and I knew nothing of the risks until long after I had bought the house (also through RTB).
Steve Granger  
#4 Posted : 22 November 2009 19:47:59(UTC)
Rank: Super forum user
Steve Granger

Ditto Phils answer, the Council I worked for 'sold' its housing stock etc.

It may be worth asking whoever was in the chain what information is available, long shot but a request under Freedome of information might help find an answer from the official sources.

You dont tell us the age of the property but I imagine its old enough to generate proper enquiry and survey.

Suspect material may also be found on soffets, bath panels, window frames, gutters and downpipes. If its a semi then also consider fire stopping materials in the loft. The advice to your friend should be stop and think and wear a proper mask as minimum precaution. Wet drilling and proper clean up bla bla...

If the ceilings are origional artex it may be worth testing them before sanding off the surface.... like I did before this thing called H&S entered my vision.

If making a request under FOI use the above list to be specific about the information you want.

Sampling Steve
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