Habitat containing asbestos

Verified 26 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

In buildings built before 1er July 1997, the owner or the syndicate of co-owners shall have the condition of materials and products which may contain asbestos checked. Single-family homes are not affected. These checks must be carried out by a construction professional. Penalties are provided for if the checks have not been carried out.

These are buildings built before 1er July 1997.

Single-family homes are not affected.

In the case of a condominium, checks are made on the parts municipalities and private.

It is the owner of the building (or the syndicate of co-owners if the building is in co-ownership).

Please note

in the event of the sale of a building, a statement indicating the presence or absence of asbestos must be provided by the seller.

Verifications must be carried out by a certified professional.

You can find a certified professional by checking the Diagnostics Directory:

Find a Certified Real Estate Diagnoser

The trader must testing for asbestos in List A and B materials and products.

Tableau - List A

Materials and products to be examined

Examples

Flocking

Coating having a fibrous appearance

Heat insulation

Coating for thermal insulation

False ceilings

Coating generally consisting of a suspended reinforcement and a filling of light panels

Tableau - List B

Materials and products to be examined

Examples

Internal vertical walls (walls, partitions, posts...)

Coatings, plates, carpentry, formwork, partition panels

Floors, ceilings, beams and frames, sheaths and chests

Glued or screwed panels, floor tiles

Inside pipes, pipes and equipment (e.g. refuse collectors)

Ducts (water, air), valves, flaps, seals

External elements

Roofs, cladding and light facades (plates, slates), roof ducts

The trader must also to assess the state of conservation materials and products that contain asbestos.

Finally, he must assess the risk of degradation to their environment materials and products of List B.

After the checks, the trader makes a report.

This report may recommend certain actions:

  • Periodic assessment of the conservation status of materials and products containing asbestos
  • Measurement of dust in the atmosphere to determine the asbestos concentration
  • Asbestos containment or removal work

This report shall be forwarded to the owner of the building or to the syndicate of co-owners by registered letter with notice of receipt.

In the event of the recommendation of asbestos containment or removal work, the trader must send a copy of his report to the prefect of the department of the place of the building.

The owner of the immovable or the condominium trustee must prepare a file entitled asbestos technical file (ATD) in which the report of the trader who carried out the verifications is included.

The ATD must be updated by the building owner or the condominium trustee. For example, in the case of additional asbestos detection or periodic assessment of the state of preservation of materials and products containing asbestos.

It is made available to the occupants on request.

It must be communicated to the persons responsible for organizing or carrying out work on the building. The co-ownership owner or trustee shall keep a written record of the communication of the ATD to these persons.

The prefect may take certain measures in respect of the owner or the syndicate of co-owners if the measures recommended in the report of the trader (of which he has received a copy) have not been complied with:

  • It may require the owner or the syndicate of co-owners to have asbestos removal work carried out within a period fixed by it
  • it may order the owner or the syndicate of co-owners to pay a fine of not more than €1,500