Buying or selling a home with suspected asbestos can feel daunting but it rarely needs to derail your move.
Asbestos was widely used in UK homes before 1999 and is often safe if left undisturbed. The key is knowing what you’re dealing with, disclosing clearly, and taking proportionate, lawful steps.
In this blog, I’ll explain where asbestos is typically found, how surveys and reports support buyer confidence and mortgage approvals, what must be disclosed during conveyancing, and the practical options for management or removal.
With the right advice and timely documentation, most transactions progress smoothly, protecting health, meeting legal duties, and keeping your sale or purchase on track.
What is asbestos and why does it matter in conveyancing?
Asbestos is a naturally occurring fibrous silicate mineral and became popular at the end of the 19th Century when it was discovered to contain positive attributes such as being an excellent electrical insulator, fire resistant and thermal insulator.
Due to these features, asbestos became a common choice for ceiling titles, Artex ceilings, corrugated roofing, guttering, behind fireplaces and surrounding boilers.
Following the discovering of the health risks associated with asbestos the UK placed a ban on the use of blue and brown asbestos in 1985 and further banning the importation and use of white asbestos in 1999.
Properties pre-dating the ban in 1999 therefore pose the risk of asbestos being present in the home.
Is it safe to buy a property with asbestos?
If you are considering purchasing a property that pre-dates the 1999 asbestos ban, then there is a risk that the property may contain asbestos in some form.
However, the presence of asbestos does not automatically mean there is a health risk. When the asbestos containing material remains sealed and in good condition, it poses little danger. It is when the material containing the asbestos is damaged or disturbed, which causes the release of fibres into the air which can then increase the risk to health.
If you are purchasing a property that was built before 1999, it is worth considering an asbestos survey to establish if there is asbestos present and what condition the asbestos is in.
If you are planning on carrying out renovations to the property then it is important to know where any asbestos containing materials are before any damage can be made to the same, therefore increasing the health risks.
You may also take into consideration the cost for the asbestos removal as it may be worth obtaining a quote to assist in renegotiating the purchase price should any be present as the Public Health England do not recommend removing the asbestos without specialist advice.
Legal Duties and Disclosure when selling
If you are planning to sell a property which you know contains asbestos, you are obligated to disclose the same under the Property Misdescriptions Act 2013 as it would be an offence to withhold such details from your buyer.
You would not be legally obligated to remove the asbestos, however you may find that the purchase price would be affected due to the presence of the same, therefore you may wish to consider arranging the removal of the asbestos containing materials before proceeding with the sale.
Surveys, reports and practical next steps
It is recommended that a RICs Homebuyers survey is carried out when you purchase a property of any age, such survey may flag the presence or possibility of asbestos being present in the home. At this time, the Surveyor will recommend a specialist asbestos survey to be carried out if necessary.
Your RICs Homebuyers survey will state whether asbestos is “presumed”, “suspected” or “confirmed” to be present in the property and it is important to consider this and how you wish to proceed.
If the survey has any mention of possible asbestos, it is always worth considering obtaining specialist advice to ensure that should the removal of asbestos need to be undertaken, that the same is done safely with evidence confirming the same.
Renovation and refurbishment
If your plan is to renovate a property pre-dating 1999 then it is strongly recommended that extra care and precaution is taken. It would be in the best interest to have the property fully inspected for asbestos before undergoing any works, as any disturbance to the asbestos contained materials can increase the risk to health.
You may also wish to plan the renovation and refurbishment works around where the asbestos may lie, to avoid damage to the same.
Lender, insurer and buyer confidence
Most lenders do not have specific requirements in relation to asbestos as long as the same remains sealed and undamaged.
If the valuation carried out by the mortgage lender identifies any risks in association with asbestos contained materials, most likely if they appear damaged or a possible risk then the lender may require further investigations before proceeding to lend. This may include a specialist survey; evidence of removal or remedial works having been carried out or funds being held back until such works are undertaken.
Most buildings insurance policies will cover properties containing asbestos if it is in good condition but insurers may request confirmation as to whether asbestos is present at the property and that it remains in good condition without being damaged.
Special conditions may be implemented to accommodate the increased costs of claims due to the possibility of specialist contractors being needed if there was a fire, flood or escape of water where the claim involves asbestos containing materials or increased premiums may be demanded.
Insurers are unlikely to cover the cost of removal of the asbestos so these are additional factors you may wish to consider.
Asbestos & Property Transactions Summary
Buying or selling a property with asbestos is usually manageable with clear disclosure, proportionate surveys, and early contractor input. Most UK homes built before 1999 may contain asbestos, but risk turns on condition and disturbance rather than mere presence.
During conveyancing, give honest answers on the Property Information Form (TA6), share any asbestos survey, and agree practical solutions (management, encapsulation or licensed removal) to keep your transaction on track.
Lenders and insurers value clarity, so providing early reports, quotations, and where appropriate a simple management plan can smooth approvals and prevent delay. Negotiation tools include price adjustments, pre‑completion works, or a retention to cover agreed remediation post‑completion, all documented in the contract.
How Timms Can Help
For clear, pragmatic advice tailored to your sale or purchase, speak to our Conveyancing team today. We can review surveys, draft protective contract clauses, coordinate retentions, and help you complete with confidence. With offices in Derby, Ashby, Burton and Swadlincote, we can be contacted on freephone 0800 011 6666 or by email at legal@timms-law.com.
Frequently Asked Questions
Is it legal to sell a house with asbestos?
Yes. UK law does not prohibit selling a property that contains asbestos. Your duty is to be transparent: answer the Property Information Form (TA6) honestly, disclose any known or suspected asbestos, and share any surveys or reports with prospective buyers and agents. Removal is not automatically required; the right approach depends on the material’s type, condition, and location.
Do I have to remove asbestos before completion?
Not necessarily. Many transactions proceed with a management or encapsulation plan rather than immediate removal, especially where materials are in good condition and unlikely to be disturbed. If works are advisable, parties often agree a price adjustment, pre‑completion works by a licensed contractor, or a retention held on completion to fund post‑completion remediation once the buyer has access.
Will asbestos stop me getting a mortgage?
Usually not, provided risk is understood and managed. Lenders tend to focus on clear evidence: a specialist asbestos survey identifying materials and condition, sensible recommendations (manage/encapsulate/remove), and, where removal is proposed, quotes from licensed contractors. Supplying this documentation early can satisfy underwriting and avoid last‑minute delays or conditions.
Where is asbestos most commonly found in UK homes?
In older properties (particularly pre‑1999), asbestos‑containing materials may appear in artex/textured coatings, ceiling tiles, soffits and fascia boards, corrugated cement roof sheets and garages, boiler cupboards and insulation boards, old vinyl floor tiles and bitumen adhesives, flue pipes, and some cement gutters. Presence alone isn’t the issue; deterioration or disturbance during works is what raises risk.
Should I get a specialist asbestos survey?
If the property predates 1999 or you plan refurbishment, a specialist survey is prudent. A management survey (for normal occupation) identifies likely materials and condition, while a refurbishment/demolition survey is more intrusive and required before certain works. The report will confirm or presume asbestos, assess risk, and set out proportionate actions so you can plan safely and negotiate confidently.
How should we deal with asbestos findings in the contract?
Put everything in writing. Disclose known or suspected asbestos and attach any reports. Agree who will do what (manage, encapsulate, or remove), by whom (licensed contractor where required), and by when. If works are deferred, a retention clause can hold part of the price after completion until invoices and disposal certificates are produced. Clear drafting helps keep the timetable intact and reduces disputes.
