Q&As

A landlord of a block of flats built pre-2000 has not obtained an asbestos report. What are the potential risks for a buyer of a flat?

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Published on LexisPSL on 20/04/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A landlord of a block of flats built pre-2000 has not obtained an asbestos report. What are the potential risks for a buyer of a flat?

The Control of Asbestos Regulations 2012 (CAR 2012), SI 2012/632 apply to all non-domestic properties and the common parts of domestic premises.

Residential properties can be subject to the CAR 2012, SI 2012/632 ‘duty to manage’ obligations (survey, register, management plan etc) if asbestos is present in communal areas of flats such as lifts or there are converted properties with asbestos (see: HSE Approved Code of Practice (ACOP)—paras 89–90):

‘89 The duty does not apply to domestic premises such as private houses. However, the duty does apply to the “common parts” of multi–occupancy domestic premises, such as purpose-built flats or houses converted into flats. The common parts of such domestic premises might include foyers, corridors, lifts and lift shafts, staircases, roof spaces, gardens, yards, outhouses and garages but not the private domestic area inside each flat.

90 Common parts do not include rooms within a private residence that are shared by more than one household such as bathrooms and kitchens in shared houses and communal dining rooms and lounges in sheltered accommodation.’

However, the individual flats themselves are clearly not i

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