Quick answer
Legally, yes — there is no statutory requirement for a homeowner to hold an asbestos survey before selling. In practice, most buyers' solicitors now raise it as a pre-contract enquiry, and mortgage lenders often refuse to lend on flats where the block has no current communal survey. Commissioning one is almost always faster than negotiating without it.
The legal position
The Control of Asbestos Regulations 2012 impose a duty to manage on non-domestic premises and the common parts of residential blocks. They do not impose a duty on a domestic seller to hold a survey of the flat itself. However, misrepresenting the presence of known asbestos in the TA6 property information form can expose the seller to a claim after completion.
What actually happens without one
In our recent experience of leasehold sales in London and the South East, approximately three quarters of buyers' solicitors raise asbestos as an enquiry. Where no survey exists, the sale typically pauses while one is commissioned; the buyer sometimes reduces their offer; the lender occasionally instructs an independent report at the buyer's cost. Any of these outcomes is slower and more expensive than commissioning a fixed-fee survey.
The pragmatic route
For a flat sale, we typically recommend one of two paths: request the current communal survey from the freeholder or managing agent (they should hold one under CAR 2012 regulation 4), and if the flat itself was built or refurbished before 2000, commission a short internal Management Survey. Both can normally be arranged inside a working week.
Frequently asked questions
Common questions
Will my sale definitely fall through without one?+
Not always, but the risk rises significantly once a lender or solicitor has raised the enquiry.
Can I refuse to answer the enquiry?+
You can, but 'not known' is often treated by buyers as a red flag rather than a neutral answer.
What does an internal Management Survey cost?+
Typical flats: £220–£380 plus VAT, fixed fee. See our cost guide for detail.
Do cash buyers still ask?+
Increasingly yes — especially investor buyers who plan to refurbish before letting.