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Property Advice & Guidance

Why Has My Solicitor Asked For An Asbestos Survey?

It is increasingly common for conveyancing solicitors to raise asbestos as a pre-contract enquiry. This is not because your property is dangerous, but because solicitors have a duty to protect their client from inheriting an unknown liability. This guide explains what your solicitor is really asking for, why it has arisen, and how to satisfy the request quickly and at a fixed cost.

Quick answer

Your solicitor has asked for an asbestos survey because a recent report, buyer's enquiry, lender condition or lease clause requires evidence that the property has been checked. A Management Survey (HSG264) is normally sufficient for a residential sale; a Refurbishment Survey is used when works are planned.

The three most common triggers

In our experience, a solicitor's request almost always comes from one of three places: the buyer's own solicitor has raised it as an enquiry (CPSE, LPE1 or TA6-related), the mortgage lender's valuer has flagged suspected asbestos-containing materials in the valuation report, or the freeholder's or managing agent's lease requires the leaseholder to hold an up-to-date survey. Occasionally, it is raised because visible materials such as Artex, cement soffits or garage roofs have been noted.

What your solicitor actually needs

In almost every residential transaction, the solicitor needs a written HSG264-compliant Management Survey report identifying suspected or confirmed asbestos-containing materials, their condition, location and recommended action. The report must be produced by a competent surveyor and, where samples are taken, analysed by a UKAS-accredited laboratory. A one-line certificate is not sufficient.

How quickly can it be done?

For most flats and houses, a survey can be booked within a few working days, completed on site in 1–3 hours and the report issued within 48 hours. If exchange is imminent, we routinely turn work around inside 72 hours end-to-end.

Frequently asked questions

Common questions

Is my solicitor allowed to insist on this?+

Your solicitor advises; they cannot compel you. However, if the buyer's solicitor has raised an enquiry, refusing to answer it will usually delay or collapse the sale.

Can I use an old survey?+

Yes, if it was carried out to HSG264 and reasonably recent (typically within 12 months for a sale). Older reports may need a reinspection.

Who pays?+

For a house sale, the seller normally commissions and pays. For leasehold communal areas, it is usually the freeholder or managing agent via the service charge.

Will asbestos stop my sale?+

Very rarely. Most identified materials are low-risk and can be managed in place. A clear report actually removes uncertainty and helps the sale progress.

What if I refuse?+

The buyer may withdraw, reduce their offer, or their lender may refuse to lend. In practice, providing the survey is faster and cheaper than any of these outcomes.

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