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Asbestos update
Now
that the new law requiring checks for asbestos in relation to all
properties for which the planning permit was issued prior to 1st
July 1997 has been in force for nearly a year, it is an opportunity to
assess the impact of this law upon the considerable number of real estate
property transactions which, prior to 1st September 2002, were
not subject to any asbestos checks e.g. sale of property for use as a
dwelling comprising only one lodging.
A
recent survey published in ‘La semaine juridique’(1)
reveals that ¼ (24%) of checks for asbestos are coming back as positive.
The sample was taken from 8,000 real estate property transactions,
comprised essentially of lodgings (houses and apartments for a more or
less equal number), handled by a firm called Norisko Immobilier.
The most common construction materials and products containing
asbestos are fluid pipes (28%), flooring (26%) and partitions (22%).
These
statistics accord with our own experience.
Much of the asbestos being revealed consists of cement or other
material of which asbestos is a constituent (rendering it stronger or more
resistant to heat). Pipes are
certainly very common, especially as a component in central heating
boilers. In addition, roofing
tiles containing asbestos are commonly encountered, especially on sheds
used for agricultural purposes. It
is rare for us to encounter construction materials and products containing
asbestos that release fibres into the air (which are dangerous to health
as the particles can be inhaled), such as degraded insulating material.
Unfortunately, the aforementioned report on the survey does not
make mention of such statistics.
Every
purchaser should be fully aware of the contents of the asbestos survey
which should, preferably, be produced prior to signature of the first
contract. Unless the material
is degraded and/or likely to release harmful fibres, there is normally no
action required. A purchaser
should always satisfy him or herself of what the position is in relation
to the discoveries made. By
presenting the results of the survey to the purchaser, the vendor will
normally be exonerated from the warranty for hidden defects constituted by
asbestos (meaning that a purchaser cannot hold the vendor liable for its
presence). Any owner of a
property containing asbestos must notify those that work on it of the
presence of asbestos (keeping a copy of the report to hand to show workers
is a good idea). Should the
work involve breaking up the material then precautions such as the wearing
of a mask should be taken and it should be remembered that the material
needs to be taken to a special depot for disposal.
edited by Juris-Classeur, volume no. 27 dated
4th July 2003
, paragraph 143
14/08/2003
- Issue of the week
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