Dealing with a delayed action killer
More than 4,500 people in the UK are suffering from asbestos-related health problems, which gives you a fair idea of why there are such heath and safety regulations surrounding its disposal.
And it is also the reason why it is increasingly a factor in property transactions.
Ten years ago, with people buying and selling freehold property, leases and tenancies, mortgages and bank and building society finance may have seen the existence of asbestos within a property as a side issue which shouldn’t affect the legal process involved.
But since April 2012, when the legal position relating to the treatment of asbestos was updated by the Control of Asbestos Regulations 2012 (CAR12), it has become an issue which can significantly interfere with transactions.
Why it is so concerning comes into focus when you may know someone suffering from the dreadful illness caused by exposure to asbestos. In many cases the illnesses have only become apparent more than 50 years after the exposure to asbestos.
There are three types of asbestos commonly found in UK buildings. These are Chrysotile (white), Amosite (brown) and Crocidolite (blue). Apart from obvious use of asbestos in buildings such as corrugated roofs it has been used for hundreds of purposes including spray coating, cement sheeting, and bitumen resins, to name but a few.
The CAR12 Regulations imposes controls including a duty to manage, the position of a Duty Holder, the keeping of asbestos registers, a presumption that materials are asbestos-containing materials unless proven not to be, and the need for assessments by suitably qualified and experienced persons.
There are two types of survey involved - namely an Asbestos Management Survey and the more detailed Asbestos Refurbishment or Demolition Survey. In some cases the exposure to asbestos arises where there has been unforeseen destruction such as arising from a fire, building damage or the carrying out of construction work.
Dust can be spread quite easily and for the person in the wrong place at the wrong time exposure to this can be a death sentence. There are cases where asbestos has blown over residential areas giving rise to class action claims for compensation.
The regulations provide for the management and disposal of asbestos. This can be expensive - but what is this compared with securing the good health of the people who may come in contact with this?
Steven Corfield is a partner and agricultural specialist at Shropshire law firm FBC Manby Bowdler LLP.
