Real estate diagnosis: asbestos condition or "asbestos diagnosis"

Verified 11 August 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The asbestos state, also known as asbestos diagnosis, is a document that refers to the presence or absence of asbestos-containing materials or products in a dwelling. Your home is subject to this diagnosis if its building permit was issued before July 1997. The asbestos state shall be included in the technical diagnostic documentation (DDT). DDT must be given to the purchaser when a dwelling is sold.

Asbestos status (or asbestos diagnosis) is a diagnostic that can identify the presence or absence of asbestos-containing materials or products in your home.

The seller must have this diagnosis performed by a certified professional.

You have to have an asbestos state realized in case of sale of a house (apartment, detached house) if the building permit was issued before July 1997.

FYI  

dependencies are also affected.

You must use a certified diagnoser.

You can use a directory to find a certified diagnoser:

Find a Certified Real Estate Diagnoser

To determine the asbestos state, the diagnoser must check for the presence of asbestos in a list of materials and products listed.

The diagnoser gives you the diagnosis.

You must integrate this diagnosis with the various diagnostics included in the Technical Diagnostic Record (DDT).

You must give the DDT to the buyer at the time of signing the promise to sell or the bill of sale.

The diagnostic report can recommend the following:

  • Periodic assessment of the conservation status of materials or products containing asbestos
  • Extensive risk analysis, including air sampling to determine the amount of asbestos fiber
  • Corrective actions and precautionary measures (for example, restricting access to certain areas of your home) that can go as far as asbestos containment or removal work

It all depends on his seniority.

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Diagnosis made before April 1, 2013

The diagnosis must be repeated before the house is sold.

Diagnosis performed from 1 April 2013

Diagnosis has unlimited validity.

However, it is advisable to have a new diagnosis carried out at the next sale if you have carried out renovation work in the housing. This work may indeed reveal materials or products containing asbestos that are not visible during the carrying out of the preceding diagnosis.

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For the seller

You may be liable if you do not voluntarily pass the diagnosis on to the buyer or if you mention false information in the sale advertisement to mislead the buyer.

The purchaser may appeal to the court to request the cancelation of the sale or obtain damages.

The purchaser may also appeal to the Fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF).

The DGCCRF can punish you with a fine of €300,000 and a 2-year prison sentence.

You may also be fined €1,500 if you are using an uncertified (€3,000 in case of recurrence).

For the Diagnoser

If the diagnoser makes a mistake by not complying with the regulations to carry out the diagnosis (for example, incorrect diagnosis), the purchaser can make a complaint to the court to request damages.

The diagnoser may be fined €1,500 if he exercises without certification (€3,000 in case of recurrence).

For the notary

The notary may be liable in particular if he has validated the sale in the absence of the diagnosis or if he has knowledge of false information misleading the buyer.

The purchaser may appeal to the court to request damages.

The purchaser may also appeal to the Fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF).

The DGCCRF may penalize the notary with a fine of €300,000 and a 2-year prison sentence.

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