About Asbestos

Asbestos is well recognized as a health hazard and is highly regulated. The United States Environmental Protection Agency (EPA) and the United States Occupational Safety Health Administration (OSHA) asbestos regulations are intertwined in this area. The Florida Department of Environmental Protection (DEP) administers an asbestos removal program under Chapter 62-257, Florida Administrative Code. The program's intent is to prevent the release of asbestos fibers to the outside air during demolition or renovation activities. The program requires prior notification to the DEP on the removal of threshold amounts of asbestos from certain types of facilities.

Questions often arise concerning compliance with the asbestos regulations in Florida. The Asbestos Letters, Determinations and Clarifications web page provides information to assist in answering these compliance questions.

Q: Is the presence of asbestos a material fact that should be disclosed to potential purchasers?
A: Yes. If the REALTOR is aware of the presence of asbestos in a home, its presence should be disclosed under Florida law, Chapter 475.278, which outlines one of the fiduciary duties of a Transactional Broker as "Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer." Although non-friable asbestos does not present as significant health risk, the buyer should be aware of the presence of asbestos in the event that he is considering remodeling or other actions that may disturb the in-place asbestos.

Q: Is a REALTOR qualified to detect the presence of asbestos in a property?
A: No. REALTORS do not have sufficient expertise to determine the presence of asbestos upon visual inspection. Indeed, many experts in this area are unable to state conclusively whether asbestos is contained in a property solely upon visual inspection. A definitive conclusion concerning the presence of asbestos can only be made after sophisticated testing techniques requiring microscopic examination of the material are completed.