Conveyancing
What role can it play in identifying and
remediating homes above 200 Bq/m3?
Stephanie Long
Senior Scientist, Radon Advice
Why conveyancing?
• 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?
• 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