Here's a bit of a legal poser.
8 years ago I bought (paid for, proof of purchase retained) a pre-fab garage with a corrugated roof. The builder (this info could be relevant?) who sold it to me said it was acquired by him as part of a site, used for his storage, and surplus to requirements, and that it DID NOT have an asbestos roof. Asbestos has been banned since the last century, and specifically...
The Control of Asbestos 2006 regulations brought together three separate pieces of legislation which covered the prohibition of Asbestos, the control of asbestos at work and asbestos licensing. They prohibit the import, supply and use of all types of asbestos and also continue to ban the second hand use of asbestos products such as asbestos boards and tiles.
Yesterday I wrapped this fragile roofing up in a tarp and, using a neighbour's help and estate car, took it to our local tip. After being directed to tip it into the hardcore skip, and after starting to tip, the supervisor approached and stopped us, claiming we were illegally tipping asbestos material (ACMs in jargon). We were instructed to remove the roofing sheets (now broken into more pieces) and take them away, pending issue of a licence from the County Council, and we complied.
Now I am worried that I am left with the following problems:
1. My neighbour has a car which is contaminated with a possible ACM,
2. I have a pile of broken roofing material back at my house, possibly ACM.
3. The council licence permits me to dump only about a quarter of the quantity I have.
4. I have a garage contaminated with possible ACM.
5. I have contaminated clothing (since bagged ready for disposal) and, by entering the house during the construction period, potentially ACMs in the house.
So to the questions I seek answers to:
Q1. Was it illegal for the builder to sell me the garage roof as part of the garage?
Q2. Should the cost of disposal of ACMs lie with the builder?
Q3. Who should foot the cost of the decontamination of the site (house, garage, garden, neighbour's car)?
I have written to the builder, advising him of these points, but as it all comes down to the confirmation or otherwise of the presence of ACMs in the roofing sheets then I assume the burden will be upon me to have a sample analysed before he will take any responsibility. This analysis takes time, and I am told is expensive, thus 'upping the ante'.
Q4. Is there some material property that distinguishes NON-asbestos roofing sheets from asbestos sheets.
Regards MM
8 years ago I bought (paid for, proof of purchase retained) a pre-fab garage with a corrugated roof. The builder (this info could be relevant?) who sold it to me said it was acquired by him as part of a site, used for his storage, and surplus to requirements, and that it DID NOT have an asbestos roof. Asbestos has been banned since the last century, and specifically...
The Control of Asbestos 2006 regulations brought together three separate pieces of legislation which covered the prohibition of Asbestos, the control of asbestos at work and asbestos licensing. They prohibit the import, supply and use of all types of asbestos and also continue to ban the second hand use of asbestos products such as asbestos boards and tiles.
Yesterday I wrapped this fragile roofing up in a tarp and, using a neighbour's help and estate car, took it to our local tip. After being directed to tip it into the hardcore skip, and after starting to tip, the supervisor approached and stopped us, claiming we were illegally tipping asbestos material (ACMs in jargon). We were instructed to remove the roofing sheets (now broken into more pieces) and take them away, pending issue of a licence from the County Council, and we complied.
Now I am worried that I am left with the following problems:
1. My neighbour has a car which is contaminated with a possible ACM,
2. I have a pile of broken roofing material back at my house, possibly ACM.
3. The council licence permits me to dump only about a quarter of the quantity I have.
4. I have a garage contaminated with possible ACM.
5. I have contaminated clothing (since bagged ready for disposal) and, by entering the house during the construction period, potentially ACMs in the house.
So to the questions I seek answers to:
Q1. Was it illegal for the builder to sell me the garage roof as part of the garage?
Q2. Should the cost of disposal of ACMs lie with the builder?
Q3. Who should foot the cost of the decontamination of the site (house, garage, garden, neighbour's car)?
I have written to the builder, advising him of these points, but as it all comes down to the confirmation or otherwise of the presence of ACMs in the roofing sheets then I assume the burden will be upon me to have a sample analysed before he will take any responsibility. This analysis takes time, and I am told is expensive, thus 'upping the ante'.
Q4. Is there some material property that distinguishes NON-asbestos roofing sheets from asbestos sheets.
Regards MM
