Asbestos certificate soon required for sale of residential and commercial buildings

21-11-22

Asbestos safety by 2040: a goal set by the Flemish government. To this end, various measures were taken in recent years to manage or remove high-risk asbestos present in buildings. A new measure will be added from 23 November 2022: an asbestos inventory certificate will be mandatory with the sale of a property built prior to 2001.


The Asbestos Abatement Action Plan was launched in 2018. Since then, the Flemish government has incorporated several asbestos measures in the Materials Decree that deal with identification (inventorying), removal, management, and prohibited acts. One of the most important measures is the ‘inventory obligation’, which requires owners of Flemish buildings and homes built prior to 2001 to identify and list any asbestos present in their property.

Asbestos inventory as per codex vs. Asbestos inventory with asbestos certificate

The obligation to draw up an asbestos inventory has been in place for a while for commercial buildings. Since 1995, the codex on wellbeing at work has stipulated that employers must draw up an asbestos inventory for all work locations. If the employer discovers that high-risk asbestos is present in the building, he or she must draft a management programme to protect employees against exposure to asbestos fibres. This type of asbestos inventory remains unchanged and required by law.

However, from 23 November 2022, you are required to have an additional asbestos inventory carried out in accordance with the rules of the new Flemish legislation for sale of a (commercial) property. This involves a certified asbestos expert checking for the presence of asbestos in the building. He or she can use existing information and inventories for the report under certain conditions. After the additional inventory is completed, the owners receive an asbestos certificate.

Asbestos inventory certificate

In the certificate, the asbestos expert lists the materials or building components containing asbestos, and how to manage or remove the substance safely. This certificate will soon be mandatory for owners to present when selling their property.

The new measure only applies to Accessible Structures with At-Risk Date of Construction (TCR). These are homes or buildings that were built before 2001 and meet one of the following conditions:

  • The building has a surface area of at least 20m2
  • The property is part of a larger structure that has an area of at least 20m2

The mandatory certificate accompanying a sale will come into for on 23 November 2022. However, it is the intention that, from 2032, every owner has a valid asbestos certificate. When renting out a property, the (new) tenants must also receive a copy.


Manage the hazards of asbestos correctly

Many buildings still contain asbestos materials or applications. When asbestos is damaged, small fibres not visible to the naked eye can be released into the air. If you inhale these fibres, they could cause serious lung diseases. Our 'handling asbestos-containing materials' training course (In Dutch or in French) teaches employees the necessary rules of conduct for working with asbestos safely.


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