Conveyancing

What role can it play in identifying and

remediating homes above 200 Bq/m3?

Stephanie Long

Senior Scientist, Radon Advice

• Approximately 1.9 million households in Ireland (80% privately owned)

• National Radon Survey estimated 91,000 homes exceed 200 Bq/m3

• 5,000 of these identified (of 36,000 measured)

• Current measurement rate about 4,000 annually

Why conveyancing?

Why conveyancing?

• At this rate, it would take 400 years to measure the full housing stock

• Clearly, it is important to greatly increase the rate at which homes are measured

• Including radon in conveyancing is one way to increase the measurement rate

• 2008 figures for home purchases indicate that, on average, all the existing housing stock would be bought and sold over the next 40 years

International recommendations

• WHO 2009 “A requirement for radon measurements at the time of sale of homes can be beneficial…in ensuring that dwellings exceeding the reference level are identified and remediated”

• WHO 2007 survey of radon programmes internationally identified a number of other countries that include radon in conveyancing: Canada, Czech Republic, Finland, Norway, Sweden, Switzerland, UK, US

• RPII follow-up up this survey (2008) to gather further information from these countries

England and Wales• Property purchase requires an enquiry form (Law

Society CON29) to be sent to local authority for completion - checks whether there are charges enforcable by the local authority

• Includes the compulsory question (2002):– Is the property in a radon affected area?

• If “yes” further questions are asked: – If the property is in a radon effected area, has it been tested

for radon?– If so, did the radon level exceed the action level?– If so, have remedial measures been installed?– If they have, has the house been re-tested and shown to be

below the Action Level?

England and Wales

• Where no measurements have been carried out and the buyer is concerned that there is a risk from radon a “radon bond” may be agreed

• A clause in the purchase contract allowing the buyer to retain a small part of the purchase price

• Used to pay for remedial work if necessary following purchase

England and Wales

• HPA consider inclusion of these questions on the CON29 form as a key success in raising awareness of radon among home buyers

• HPA recently estimated that most individual householders measuring in the UK are driven by home purchases

• No data re use of “radon bond” but HPA aware it is used regularly

Sweden

• Swedish implementation of Directive 2002/91/EC on energy performance of buildings (BER)

• Requires a report re a buildings energy use and indoor environment when buildings are constructed, sold or rented

• This report includes whether a radon measurement has been carried out and, if so, what the levels are (non-mandatory)

Switzerland

• Legally binding requirement

• Enforced by “Radon Agencies” within Office of Works (responsibility for implementation of building regulations)

• Measurement and remediation costs borne by owner

Internationally

• Wide range of different approaches to radon and conveyancing

• Generally:– Not a mandatory requirement, but a strong

recommendation– Onus on buyer to include radon in process– Onus on seller to fund measurement and

remediation

Advantages to introduction in Ireland

• Cost neutral to Government

• Cost to homeowers relatively small in context of conveyancing

• Increased measurements

• Raised awareness

Dis-advantages to introduction in Ireland

• 3 month measurement requirement (identified internationally as a problem)

• Non-mandatory requirement

Three month measurement requirement

• 3 month measurement required due to significant fluctuation in radon concentration

• Due to changes in temperature, atmospheric pressure, wind direction and speed, behaviour of occupants

• Three-month measurement needed to “average” out the impact of these variables

• Recent research carried out to determine possability of a shorter “screening” measurement of 1 month

Short-term measurement project

• Measurement data for over 500 homes collected

• Measurements carried out for 1 month and 3 months

• Statistical analysis of results show that 1 month measurement “screening” is feasible

• RPII will publish protocol regarding this in 2010

Options for Ireland

Legal advice has identified two options:

1.Amendment to Law Society of Ireland’s standard contract (for second-hand homes, similar contract for new homes)

2.Amendment to Law Society of Ireland’s “Objections and Requisitions on Title”

RPII currently seeking a meeting with the Law Society’s Conveyancing Committee