Do You Have to Declare Asbestos When Selling a House?
Estimated reading time 5 minutes
Along with the many other things you must disclose when selling a house, asbestos is certainly among them. You must disclose that asbestos is present in your home when you sell it, otherwise, you could find yourself being prosecuted and having your sale invalidated. Not ideal if you were hoping to sell your house fast.
Let’s take a look at how asbestos could hinder the sale of your home and what you can do to make what you thought was an unsellable house, sellable.
Why do you have to declare asbestos when selling a house?
Asbestos provides fantastic insulation and fire resistance. Alongside its cost-effectiveness, its valuable properties saw it used in plenty of construction projects. Whilst left dormant, it is fine, once disturbed, it can be extremely dangerous.
The small particles that it consists of can be inhaled easily and find themselves causing severe health problems. As a result, in 1999 the UK government banned the import and export of asbestos. Unfortunately, vast numbers of properties were built prior to this with asbestos as part of their construction. They still stand today and are still lived in, potentially putting residents at risk.
Due to its volatile nature when aggravated, property owners must disclose the presence of asbestos so that new owners or tenants do not inadvertently disturb the materials and cause them to be breathed in.
It is the duty of property owners to follow the HSE guidance relating to asbestos so that risks are managed and mitigated.
How do you declare asbestos when selling a house?
When you sell your home, you provide the would-be buyers with a property information pack. Within is the TA6 form. This is your comprehensive document that informs interested parties on an assortment of property-based details. This could include where the boundaries lie, whether there have been or are any disputes with neighbours, any planning permission issues and whether asbestos is present. There are of course many more items you must declare, and your solicitor will be able to advise on those.
It is important to be as honest as you can in this declaration, The Property Misdescriptions Act 2013 states that you are legally obliged to disclose whether asbestos is present. If you were to knowingly misinform buyers, you could find yourself in all kinds of legal trouble. You could even find the sale cancelled and have the buyer claim back any money they have spent on trying to buy your home.
How can I find out if there is asbestos in my house before I sell it?
If you are unsure whether asbestos is in the property, it would be advised to book a survey. A professional asbestos survey will discover all you need to know.
You should also look at the age of your home. Should it have been built from 2000 onwards, it is extremely unlikely that asbestos is present due to the ban. For added peace of mind though, you could still go ahead with the survey.
Should I remove asbestos before selling my house?
Asbestos is largely safe when it is not disturbed or damaged so you may not need to remove it. However, deciding to do so would likely give buyers a little more confidence. However, it can be safer to leave it in place. Always go with the advice of those conducting your asbestos survey.
If a survey has uncovered asbestos that you were unaware of, or you know asbestos is present and have concerns, you may consider removing it. This could make the home more desirable for interested parties as they see the risk as being taken away.
If you decide to remove it, you’ll need to hire a specialist asbestos removal company. It is certainly not a task you could do yourself due to the health risks involved. Costs for removal vary depending on how much needs to be taken away but you can see costs easily exceed £2,000. In fact, according to Checkatrade, the average asbestos removal costs are currently between £950-£2,000.
What if asbestos was discovered after I’ve sold my house and I didn’t declare it?
If you were not made aware of any asbestos and therefore have not declared it being present, you cannot be held liable should the new homeowners find asbestos. You are only held accountable if you knowingly hid information relating to its presence.
Will the value of my house drop if I declare it has asbestos when I try to sell it?
It might, but that drop in value could be minimal compared to the financial outlay you may see for failing to declare it. If your home was built in the times when asbestos was more prevalent, it may even be expected by the buyers, and as long as it hasn’t been disturbed and remains in good condition, the value may not change at all.
If your home has asbestos in it and you’ve found it a struggle to sell, you could speak to Bettermove. In our role as cash house buyers, we can secure the sale of your home in as little as seven days if necessary. What’s more, we do it at no cost to you. We sell your house for free, saving you the costly fees normally associated with a property sale. Contact our team today to start your fast home sale.
