From 23 November, asbestos certificate required for sale of pre-2001 building

Almost every house in Flanders built before 1990 is full of it: asbestos. Until well into the 1990s, the strong, fire-resistant, abrasion-resistant and cheap substance was widely used in building materials of all kinds.

However, besides the aforementioned advantages, asbestos also turned out to have very serious health risks. As long as asbestos is in its bound state, there is no danger. However, if loose asbestos fibres are inhaled, they become trapped in the small airways and alveoli and cause serious lung diseases and cancer.

For this reason, asbestos has been systematically banned from the construction industry since the 1990s. Since 1998, it has even been completely banned to produce, trade or reuse materials containing asbestos.

Notwithstanding the ban, the -free old, compared to our neighbouring countries- housing stock in Flanders is still full of asbestos to this day. According to OVAM, some 2.8 million homes and buildings still contain asbestos today.

1.   Flemish fight against asbestos

To identify this situation, but also to inform potential buyers of old(er) buildings as well as possible, the Flemish Government already approved the Asbestos Abatement Action Plan in 2018. This plan contains several measures to make Flanders ‘asbestos-safe’.

One of the main measures in this action plan: anyone in Flanders who sells a house built in 2000 or older will need a so-called ‘asbestos certificate’ for it from 23 November 2022.

The obligation applies to the sale of all buildings with a surface area of at least 20m². It is not only the sale of the building that is affected, but any transfer. Such a certificate will also be required in the case of a gift. If there is no attestation at the time of the compromise/purchase/promise to sell, the buyer/giver/... in principle has the possibility to claim the nullity of the agreement.
 

2.   What exactly does such an asbestos certificate entail?

What does such an asbestos attestation entail? Essentially, the certificate will be issued by a recognised asbestos expert, who will visit the site for a visual inspection and assessment. In principle, the asbestos examination is therefore carried out non-destructively. As asbestos is not always visible to the naked eye, a sample may also be taken. On the basis of the expert's findings, OVAM issues its own, unique certificate.

This attestation not only pronounces on the asbestos safety of the house, but also provides advice on how best to manage and/or remove the asbestos found.

If you wish to sell your home in the near future, do not wait too long to contact an expert. Since many asbestos experts are still in training, waiting times may increase.

3.   What about the (near) future?

The asbestos attestation obligation is only the first step by the Flemish Government in their pursuit of an asbestos-safe Flanders. For common parts of properties under the system of forced co-ownership, the obligation takes effect on 1 May 2025. By 2032, every owner of a building built before 2001 must have an asbestos certificate, whether they intend to sell or not. Lessees are not (yet) required to have a certificate, but if they do, they are already obliged to provide a copy to the tenant.