Dáil Éireann Debate, Tuesday - 27 June 2023
488. Deputy Bernard J. Durkan asked the Minister for Justice if she will introduce any legislative provision to ensure that issues such as the presence of asbestos are disclosed during the course of a property sale. [31225/23]
View answerI am advised that the conveyancing system allows purchasers of second hand houses to enquire as to the nature, quality and condition of a property prior to purchase. Detailed written queries and replies about the property (‘Requisitions on Title’) are exchanged between the vendor’s solicitor and the purchaser’s solicitor before the sale is completed, and the vendor may be bound by their replies to those questions.
Obtaining appropriate professional and legal advice, including a structural survey, continues to form part of the due diligence that a person should undertake when considering the purchase of a property. Guidance on asbestos for homeowners and building contractors in relation to domestic dwellings can be obtained from the Health and Safety Authority's website at www.hsa.ie.
There are no plans at present for my Department to introduce or amend legislation in this area. I should underline that the evaluation of possible structural problems in properties for sale requires appropriate construction, health and safety, environmental and other specialist expertise. Legislative initiatives in these areas are, in the first instance, a matter for the Department with the relevant policy and technical expertise as appropriate to the nature of the circumstances in question.
