Asbestos missed in Homebuyers report?

Asbestos missed in Homebuyers report?

9:55 AM, 20th March 2017, About 8 years ago 14

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My friends recently purchased a property and were looking to extend living accommodation into the garage.

However, a builder has reported that asbestos is in the garage and subsequently the quote received is quite a lot more than anticipated when the property was purchased.

The Homebuyers report didn’t flag up any evidence of asbestos to the garage and I was enquiring as to whether there is any form of action that can be taken in this situation to reclaim any of the additional cost for removing the asbestos or whether they are stuck paying the full bill?

Many thanks

Chris

Editor Note:

I have added a pic below of the loose description of a Homebuyer report below.


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Simon Bentley

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12:22 PM, 25th March 2017, About 8 years ago

Reply to the comment left by "David Price" at "25/03/2017 - 12:01":

The surveyor in question is not being named so I see no harm being done.

"The focus of the RICS HomeBuyer Service is on assessing the general condition of the main elements of the property. The inspection is not exhaustive and no tests are undertaken. There is therefore a risk that certain defects may not be found that would have been uncovered if testing and/or a more substantial inspection had been undertaken."

Or put another way the survey is a fairly expensive waste of money. We had one done for a purchase approximately 4 years ago and the number of items that were written up as needing further investigation by the relevant person/body made the whole thing a joke.These reports are supposedly completed by qualified personnel - if they are qualified how come they seem to know less than the average builder/DIY enthuisiast, or is it, as is sadly the case with so many things these days, just a question of form filling, box ticking and Professional Indemnity Insurance - so I urge the initial poster to make a claim against said insurance ,as that is probably what most of the fee they paid was for.

Ray Doyle

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12:59 PM, 25th March 2017, About 8 years ago

Exactly my point, the amount of reports I get over my desk that say get a electrical test get a Wall tie inspection get a Asbestos survey and so on.
Had one a while ago wh picked up quite correctly that the house Artex ceilings should be check they came back positive.
The guy buying the 3 bed house lived in the same estate in a 2 bed house on the same estate and wanted the women selling hers to pay for removal.
I said to him all the houses on the estate were the same did he have artex ceilings he replied yes but the surveyor didn't pick it up.
I am giving examples that I myself have come across.
Also quoting the car 2012 regulations with regard to asbestos training. My point is exactly that go back to the company and get a reason for the item being missed and find out if the surveyor who missed it had the required training.
There can be valid reasons one could be that there was no access.
However you need to have the knowledge to ask the correct questions.

Dfergu22

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19:18 PM, 15th July 2019, About 5 years ago

Reply to the comment left by Ray Doyle at 25/03/2017 - 11:05Hi Ray, I am in a similar situation. I had a full building survey and within the report it states “There is an integral garage of brick construction with a painted solid floor and plasterboard ceiling”
There is a couple of pictures of the boarded ceiling in the report, so he has visually inspected them.
I had an electrician in and he said he would not work in the garage as he was 95% certain it was AIB. Should a surveyor pick up on this, especially with it being in the garage as I am now aware that asbestos was commonly used in garage for its fire retardant properties.
Further in the report it states -
“Dangerous materials, contamination and environmental issues
The surveyor does not make any enquiries about contamination or other environmental dangers. However, if the surveyor suspects a problem, he or she should recommend a further investigation.
The surveyor may assume that no harmful or dangerous materials have been used in the construction, and does not have a duty to justify making this assumption. However, if the inspection shows that these materials have been used, the surveyor must report this and ask for further instructions.
The surveyor does not carry out an asbestos inspection and does not act as an asbestos inspector when inspecting properties that may fall within the Control of Asbestos Regulations 2012. With flats, the surveyor assumes that there is a ‘duty holder’ (as defined in the regulations), and that in place are an asbestos register and an effective management plan which does not present a significant risk to health or need any immediate payment. The surveyor does not consult the duty holder.”
I am just wondering if the surveyor in this case, should state that it may be a material containing asbestos due to the way it looks and where it is ?

Thanks

Ray Doyle

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10:37 AM, 16th July 2019, About 5 years ago

Hi
If you have a Homebuyer report you are as it says relying on the Surveyors training and knowledge to provide advice and expertise. It is a legal requirement that anyone who may come into contact with Asbestos as part of there work must have Asbestos Awareness Training. This is a basic training that your builder would have had so your Surveyor should definitely have had as well as his professional training. Most Surveyors go over the top and will immediately put in a report get a Licensed Asbestos Surveyor to complete a Asbestos Survey, then for example I would say no you only need samples of the areas concerned depending on the building age etc.
I am assuming that the property is pre 1985-86 this is when AIB was banned so if this is the case it should have been noted in the Survey report to have been looked at by a Asbestos Specialist
this is a standard entry in the Survey report. It should have been picked up on Health & Safety to prevent serious damage or danger, a list of issues that may effect the value of the property.
These are listed in the RICs Homebuyer report sales pitch.
I have advised clients to go to a solicitor and sue for the full cost as if they had known you could guarantee they would have insisted it be completed prior to sale or a reduction of the amount off the price.

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