Update on the indoor air quality legislation: is your publicly enclosed space in order?

On 18 May 2024, a law was passed with various provisions around health and finance, aiming to improve indoor air quality in publicly enclosed spaces. This law complements the earlier law of 6 November 2022 and introduces some key requirements that publicly enclosed spaces must comply with starting on 1 January 2027.

An enclosed place open to the public, more specifically premises enclosed by doors or walls, having a ceiling or floor, and not limited to the family or purely professional sphere.

For example: a meeting room is not covered by this provision. This does include a working environment to which non-employees have access, e.g. reception area, sanitary facilities, etc.

From 1 January 2027, publicly enclosed spaces are required to comply with three key points. The three obligations of the renewed legislation are:

1. Use of air quality monitors: Companies must install air quality meters to continuously monitor air quality and inform the public about these.
2. Development of a risk analysis: A detailed risk analysis must be available, identifying potential sources of pollution and assessing air quality.
3. Action plan: If the risk analysis reveals problems, an action plan must be drawn up to address them.

There will also be a certification and labelling system to ensure transparency to the public. The specific requirements of air quality meters and the information to be included in the risk analysis and action plan can be read in the Royal Decree of 12 May 2024.

A risk analysis identifies risk factors such as ventilation, systems in place, and possible sources of pollution. The action plan defines the steps to improve this air quality, with specific short-, medium- and long-term actions. 

Key elements in the risk analysis: 

• Description of rooms, ventilation systems and possible pollution sources. 
• Representative air quality measurements assessing the state of the air. 

Key elements in the action plan: 

The action plan should outline actions to improve air quality. This includes installing additional air quality monitors and maintenance measures for existing systems.

These obligations take effect in stages from 1 January 2027 and must be fully implemented by 31 December 2037.

However, there is an option to voluntarily start this as early as 1 October 2024.
 

No; the obligation is only applicable from 1 January 2027. However, since 1 October 2024, you may already voluntarily start implementing the new aspects. You can do so using the manuals above. You can also proactively invest in the indoor air quality of your rooms by, for example installing a CO₂ detector.

It is clear that the new indoor air quality legislation will have a significant impact on companies working in publicly enclosed spaces. By taking steps towards compliance now, not only can your company meet future legal requirements, but also ensure a healthy and productive working environment.

Source: FPS Public Health, Belgian Official Gazette