Buying a home? Have you considered Radon?
Posted by Sara Smith on 16th January 2012
If you are buying or selling a house then the issue of Radon may arise. Radon is a naturally occurring radioactive gas which is found in the ground and is found at low levels in all buildings. The Local Authority search and Environmental search, both carried out when you buy a property, can highlight if the property you are buying is in a Radon Affected Area.
Research has revealed that radon in a home increases the risk of lung cancer particular in people who smoke.
Increased media attention has raised the public’s awareness of radon and this is a common issue raised by our clients when moving home.
The questions you should consider are- What is a low level? Is the property I’m buying in a radon affected area? What can be done if the property I am buying is in a radon affected area?
The Heath Protection Agency has created a target action level of 200 Bq m -3 (becquerels per cubic metre of air). The average level for homes in the UK is 20 Bq m-3. The Health Protection Agency advise that levels under 100 Bqm -3 are considered relatively low and not a cause for concern. If the level is above 200 Bqm -3, remediation is recommended.
So if you are buying a home, how can you check to see if it is in an area at risk? Well, as previously mentioned, this should be picked up in a couple of the searches which your conveyancer will carry out on your behalf. Alternatively, you can have a look at the Health Protection Agency’s website on radon (www.ukradon.org) which has a map showing areas affected.
If after all that, the property is in a radon affected area then you ask your conveyancer to check with the seller if they have completed a three month radon test. If they have, then ask for a copy of the report. If remediation work was recommended then make sure the work has been completed and a further radon test carried out to ensure that the radon level has been reduced.
What if the seller has not had a report? You must decide how you want to proceed. Are you happy to accept the risk or do you want remediation work to be done to reduce the radon level and the costs met either wholly or in part by your seller? If the later, you need to speak to your conveyancer about retention. A retention is an amount of money held back from the sale by either the buyer or seller’s conveyancer. This money is held for a period of time agreed between the parties before exchange of contracts. During this period, once the buyer has moved in, they will need to obtain two radon detectors from the Health Protection Agency, to test the level in the property. These detectors will remain in place for three months. At the end of this period, they are sent back for analysis. If the result is below the target action level then the retention is released to the seller. If the result is higher, the money will pay for remedial works. Once the works have been completed, the property will be tested again to make sure the level has reduced. Any surplus money will go to the seller.
A typical remediation costs £1000 and a typical retention is between £500 and £2000. If you are planning to undertake substantial building work then a retention may not be suitable because Building Regulations require that protective measures are taken against radon entering the building.
If the issue of Radon arises when you are buying or selling a property then you should raise it with your conveyancer. Here at Brachers, we have extensive experience in dealing with drafting the legal paper work dealing with these retentions and so can be sure that from a legal perspective your interests are protected.
