What Happens If Asbestos Is Found During a House Survey?
Discovering asbestos during a house survey can feel like a serious setback, but it is far more common than most buyers and sellers expect. A significant proportion of UK properties built before 2000 contain asbestos-based materials somewhere, and many change hands every year without the asbestos being removed at all.
What matters is not the discovery itself, but how it is handled. A measured, informed response protects health, satisfies legal obligations, and keeps property transactions on track.
Why Asbestos Is Found During House Surveys
A standard RICS homebuyer report or building survey is not an asbestos survey. General property surveyors are not trained in asbestos identification, and their reports are not designed to detect it. Where asbestos is noted at all, it is usually flagged as a recommendation to seek specialist advice.
A dedicated asbestos survey, carried out by a qualified surveyor, is a separate process. It involves systematic inspection of the property, sampling of suspected materials, and laboratory analysis. The resulting report identifies the type, location, condition, and risk rating of any asbestos-containing materials (ACMs) found.
What the Survey Report Will Tell You
An asbestos survey report will typically set out:
The location of each material suspected or confirmed to contain asbestos
The type of asbestos identified (chrysotile, amosite, crocidolite, or mixed)
The condition of the material (good, damaged, or deteriorating)
A risk assessment based on condition and likelihood of disturbance
Recommendations for management, encapsulation, or removal
Not all findings carry the same level of urgency. Asbestos cement roof sheets in good condition present a very different risk profile to damaged pipe lagging inside a boiler cupboard.
What Sellers Must Disclose
Sellers in England and Wales are legally required to disclose material facts that could affect a buyer’s decision. Known asbestos is a material fact. Failing to disclose it can result in legal action after completion.
If a seller has previously commissioned an asbestos survey, or if asbestos has been identified during any prior work on the property, this information should be passed to the buyer’s solicitor. It should be included in the TA6 Property Information Form.
Sellers are not required to have an asbestos survey carried out before listing a property. However, if asbestos is subsequently found and the seller knew about it and withheld that information, they may be liable for misrepresentation.
What Buyers Can Do When Asbestos Is Found
Buyers have several options when asbestos is identified during the survey process. The right choice depends on the type and condition of the material and how it affects the planned use of the property.
Renegotiate the Price
Where removal or remediation will be required, buyers can seek a price reduction to cover the estimated cost of the work. This is a common and legitimate approach. Removal costs vary significantly depending on the material type, volume, and accessibility, so obtaining a written quote from a licensed contractor first provides a solid basis for negotiation.
Request the Seller Arranges Removal
Buyers can ask the seller to commission and pay for licensed asbestos removal before completion. This is more straightforward in some cases than others, as removal requires access to the property, safe disposal of waste, and a clearance certificate confirming the area is safe.
Proceed With the Sale and Manage in Place
Where asbestos is in good condition and presents a low risk, buyers may choose to proceed with no further action and simply manage the material in place. This typically involves keeping a written record of its location and condition, monitoring it periodically, and ensuring any future tradespeople are made aware before carrying out work.
Withdraw From the Purchase
In rare cases where the extent or condition of asbestos makes the property unacceptably risky or financially unviable to remediate, buyers may choose to withdraw. This is a last resort, as exchange has usually not yet occurred when survey results are received.
When Is Asbestos Removal Legally Required?
There is no blanket legal requirement to remove all asbestos before selling a residential property. The Control of Asbestos Regulations 2012 create a legal duty to manage asbestos in non-domestic premises, but no equivalent mandatory duty applies to private homeowners in respect of their own homes.
Removal becomes legally and practically necessary when:
Work is planned that would disturb the material (renovation, extension, demolition)
The material is in poor condition and poses a risk of fibre release
A buyer or lender requires it as a condition of the sale or mortgage
All removal work must be carried out by a contractor licensed by the HSE where licensed work categories apply.
Asbestos and Mortgage Lending
Some mortgage lenders are cautious about properties with confirmed asbestos, particularly where the material is in poor condition or where it is extensive. Lenders may require a further asbestos survey or a satisfactory remediation report before releasing funds.
If you are buying a property with a mortgage and asbestos has been identified, speak to your broker or lender at the earliest opportunity to understand their position.
Frequently Asked Questions
Does asbestos always stop a house sale?
Who pays for asbestos removal in a house sale?
Can a surveyor miss asbestos during a standard survey?
How long does an asbestos survey take?
Disclaimer: This article is intended for general informational purposes only and does not constitute legal or professional advice. Disclosure obligations may vary by circumstance. If you are involved in a property transaction and asbestos is a concern, consult your solicitor and a qualified asbestos surveyor. Mid Essex Group operates in accordance with the Control of Asbestos Regulations 2012.
