Image Source: Justinian C. Lane Esq.

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A construction material once prized for its durability and resistance to the elements, asbestos is a dangerous carcinogen that still remains a health threat (including in high end real estate).

While its use was greatly restricted in the 1980s, in many ways, the damage had already been done. Asbestos was added to nearly every crevice of residential homes and commercial spaces, present in everything from insulation, tiles and shingles, to adhesives, popcorn ceilings, and more, and its legacy is one that will be around for a long time to come.

Even luxury estates and heritage properties were not spared during asbestos’ heyday, and high-profile discoveries of the toxin in elite real estate points to how deep-rooted the problem remains nationwide.

A Building Block of the Past

Seasoned asbestos attorney Justinian C. Lane Esq. emphasizes that asbestos was not confined to industrial structures. From the early 1900s through the 1970s, the mineral found its way into mansions, cultural landmarks, and resort properties. Its insulation qualities and low cost made it attractive to developers of every tier. Earlier on, asbestos was marketed as a more modern and updated building material, affording superior integrity and unrivaled resistance to elementals like heat, fire, moisture, rust, and even sound.

Cracks in the Ceiling

Even when medical professionals began reporting lung scarring and disease among asbestos workers in the early 20th century, the construction industry pressed on with integrating asbestos-containing building materials into structures of all kinds, including residences. A clear regulatory framework did not emerge until decades later.

Misconceptions in Luxury Real Estate

Lane drove home that wealth does not buy immunity from asbestos exposure. He points to remodels of the legendary Hotel Laguna and Hotel Figueroa as two luxury buildings that required significant asbestos removal upon renovation in the past decade. Even renovations of Buckingham Palace revealed asbestos in floor voids of the East Wing, leading to unexpected costs and delays exceeding the billions budgeted for the project. Lane notes that if asbestos can complicate and derail even the best laid plans of the King of England, it’s a worthwhile consideration for anyone who owns, resides in, repairs, or maintains buildings constructed before the mid-1980s.

Where the Risk Hides

Lane warns that asbestos rarely appears only on the surface. While popcorn ceilings and old floor tiles are well-known hazards, hidden dangers often sit within boiler systems, pipe insulation, or roof structures. Infrastructure leaks can also spread fibers beyond the walls of a single building. A Park Avenue steam main rupture in New York released asbestos debris into the streets, forcing residents of upscale apartments to seal windows and vacate sidewalks. This demonstrates how risk extends beyond individual ownership to public safety and liability.

Delay in Regulation

The long gap between medical awareness and legislative action is one of the most troubling parts of asbestos history. Lane points to extensive lobbying by manufacturers, who resisted restrictions despite clear medical evidence. Although the U.S. Environmental Protection Agency (EPA) gradually issued rules, full bans remained elusive. Even after the 2024 federal prohibition, legacy asbestos continues to be a challenge in older buildings. This delay has left property owners, investors, and tenants navigating a patchwork of regulations that vary by state and locality.

Legal Duties of Owners and Managers

Lane stresses that the real weight of asbestos today falls on owners, managers, and sellers. Legal duties often require disclosure of known asbestos in real estate transactions, but uncertainty arises when testing has not been performed. Failing to disclose suspicions or known risks can expose owners to lawsuits from tenants, buyers, or contractors.

High End Condos

The Dolphin Tower condominium case in Sarasota is a perfect example of these issues. When asbestos-containing popcorn ceilings were disturbed, litigation followed over whether the association or the owners bore responsibility for abatement.

Health and Disclosure

The latency of asbestos-related diseases compounds the problem. Mesothelioma, asbestosis, and certain lung cancers may not appear for decades after exposure. Lane emphasizes that tenants, guests, and workers must be informed if asbestos is present, even if immediate removal is not mandated. Managing intact asbestos can be permissible, but once materials are disturbed, liability increases sharply.

Practical Advice for Elite Property Owners

Lane encourages property owners to approach asbestos systematically by doing all of the following:

• Commission specialized surveys before sale or renovation.
• Engage licensed abatement contractors when disturbance is inevitable.
• Budget for unexpected findings and prepare contingency plans.
• Develop clear disclosure documents with legal counsel.
• Maintain intact asbestos safely if removal is not possible.

He notes that more than 90% of U.S. homes have never been tested for asbestos, even though undocumented renovations increase risks for buyers. In high-value transactions, failing to test can topple deals and drive buyers away.

Financial Implications

Lane raises the financial consequences of asbestos as well. Renovations of pre-1990 properties routinely exceed budgets when asbestos emerges, as shown in a University of Florida study. Properties able to demonstrate a healthy environment command higher rents and sales prices. Owners who invest early in assessment and abatement may avoid costly disputes while gaining a competitive advantage in the marketplace.

Moving Forward

Lane grew up in Las Vegas, and recalls that as a youth, watching the demolition of historic hotels was an unusual local pastime, lamenting what he and others may have been exposed to upon reflection. Recent demolitions like last year’s implosion of the Tropicana Hotel reveal that the public spectacle has persisted, along with the asbestos, laying bare how a lack of asbestos oversight can delay projects and invite penalties when removal is incomplete.

Lane explained that courts continue to weigh liability for asbestos disclosure failures, and environmental enforcement has increased in step with public awareness. Attention to the issue is also rising as newer generations of real estate buyers show increased concern about asbestos in buildings, laying the ground for expanded testing and certification to improve the marketability of property.

Ultimately Lane’s advice to owners, managers, and investors is to treat asbestos not as a relic of the past, but as a living issue of health, law, and finance. In all real estate, even elite properties, overlooking it is not an option. After all, whether it’s Buckingham Palace, or a Manhattan penthouse, a person’s home is their castle.