The main issue of your complaint is that after moving into your property you discovered that the internal garage roof was made from asbestos boards. You consider that ...(removed)... should have identified this within the Building Survey completed prior to your purchasing the property.
You purchased the property on 11 September 2015 after the completion of the Building Survey on 1 July 2015. It was only at this time that you identified that the garage ceiling was made up of boards containing asbestos. You consider that had this been identified within the Building Survey, you could have taken action to test this prior to completing the purchase of the property.
You have provided a copy of a certificate of bulk fibre analysis completed by Airborne Environmental Consultants Ltd. dated 25 September 2015. This states that it has tested a sample from within the garage insulation and found it to contain two forms of asbestos (Chrysotile and Amosite). We therefore accept that asbestos is present within the garage.
The Building Survey contained the following information in relation to the garage:
“ 5.01 Garage
There is an integral double garage (at basement level), with brick walls and a solid concrete floor. There us a double metal vehicle door at the front, which appears dated. There were no major defects apparent. There is electric power and light in the garage.”
..(name removed).. has responded to you to say that it is unable to test the materials during a visual inspection. It would therefore have no ability to confirm that there was asbestos present in the garage during its visual inspection. You dispute this saying that the asbestos boards are clearly visible on the ceiling in the garage. Both parties have provided photographs showing the garage ceiling. We can see that there is boarding to the ceiling. While asbestos can only be determined under laboratory conditions if it is suspected during an inspection this should be reported. Having looked at the photographs you have provided we are of the view the white/ grey ceiling should have alerted the surveyor to the fact that the ceiling may contain asbestos materials and this should have been highlighted within the report. The location of the ceiling boards should also have alerted the surveyor to the potential of asbestos. Asbestos was often used in garage ceilings due to its fire resistance qualities. We are of the view there has been a shortfall in reporting.
You have requested that ..(name removed).. covers the cost of removing the asbestos in addition to a refund of the fee paid for the survey. You have provided quotes of £3,495 plus VAT from Environmental Surveying & Remediation Ltd, £3,480 plus VAT from BLS Asbestos and £3560 plus VAT from AIB Solutions Ltd for the removal of the asbestos from the garage. There are also additional quotes for the cost of the removal and installation of the garage doors. The most competitive quote totalling £240 including VAT.
The established basis by the Courts for damages in cases like this is Diminution in Market Value (DMV). This is essentially the difference between what you did pay and what you would have paid, had you been aware of the omission complained about. This is influenced by several factors, including the type of defect, prevailing market conditions and any previous price negotiations. We have to have regard to DMV.
Asbestos in good condition can be left and its removal is not necessary. However, well publicised health issues surrounding asbestos means many people do not wish to share their homes with a potentially dangerous material and will therefore want it removed. You say you had asked the surveyor about the feasibility of knocking down the wall of the garage and extending it. It seems clear you had intentions of undertaking works to the garage meaning had you been made aware of the potential of asbestos it is likely you would have sought a reduction in the purchase price. Taking into account the costs incurred in removing the asbestos we consider a payment of £4000 to be reasonable.
. Redhills eh? Quite a big company.
