Real estate diagnosis: asbestos condition or "asbestos diagnosis"
Verified 06 December 2024 - Directorate for Legal and Administrative Information (Prime Minister)
When do you need to perform asbestos diagnosis? The asbestos condition refers to the presence or absence of construction materials or products containing asbestos in a built building. This document must be produced in case of sale of a dwelling with a building permit issued before 1er July 1997. It must be given to the future purchaser to inform him of the presence or absence of asbestos. We are taking stock of the regulations.
FYI
In case of leasing of real estate, the law requires an asbestos diagnosis. Pending the issuance of the application Order, it is recommended that this document be made available to the tenant.
You must have an asbestos diagnosis carried out in case of sale or rental of a detached house including the building permit has been issued before 1er July 1997.
In case of sale of a co-ownership lot, this diagnosis shall cover private parts and common areas of the building.
An asbestos diagnosis is an obligation which concerns both individuals and legal persons owners of real estate.
Warning
It is not possible to sell property from a division of a building if the asbestos diagnosis has not been carried out.
The professional must have skills that have been certified in the building field.
This professional must be independent and impartial.
It must not be related to you or your employees. It must also not be linked to a company that could organize or carry out asbestos removal or containment work.
In addition, he must have taken out insurance to cover the consequences of liability for his interventions.
You can use a tool to find a certified professional:
The price of asbestos diagnosis is not regulated, so the price may vary from one professional to another.
Asbestos diagnosis is the responsibility of the selling owner.
It depends on the nature of the property for sale.
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Detached house
The trader must identify the materials and products in the list A and B. A report shall be made of this identification.
Condominium Lot
The trader must identify the materials and products in the list A and B.
A report shall be made of this identification. You must build a named folder Asbestos file - private parties with this report.
In addition, the dossier must contain information on the risks to health and on the need to take action in the event of abnormal wear or deterioration of materials containing asbestos.
FYI
The joint owners' union must also be a named folder Asbestos Technical File (ATR) for the common areas of the building. This dossier shall include a report identifying the materials and products in the list A and B and a summary of the ATD. You must ask the co-owners' union to provide you with a copy of the DTA and its summary sheet.
The professional gives you the various reports.
You must integrate these reports, which are folders, with the various diagnostics included in the Technical Diagnostic Record (DDT).
You must deliver the DDT to the purchaser at the time the promise to sell is signed or, in its absence, to the authentic instrument of sale.
The presence of asbestos does not prevent the sale, but the future buyer must be aware of it before buying.
As a result, the purchaser, who is informed of the presence of asbestos and who buys the goods in the unaltered state, cannot ask the court to cancel the sale on this ground. In addition, by purchasing the goods, the purchaser assumes the various obligations related to the presence of asbestos at his own expense (for example, asbestos removal work).
The trader's report may recommend the following measures:
- 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.
These measurements are carried out by a professional in the construction field.
It all depends on the date of diagnosis asbestos.
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Before 1 April 2013
The diagnosis must be repeated before the house is sold.
From 1 April 2013
Asbestos 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.
It depends on who is impacted.
For the non-professional seller
You may be liable if you do not pass on the asbestos diagnosis.
Moreover, if you do not transmit the asbestos diagnosis, you cannot add a clause in the bill of sale that could exempt you from the guarantee of hidden defects.
The purchaser may refer the place of the property to the court to obtain damages.
You may also be fined €1,500 if you are using an uncertified diagnoser to perform the diagnosis (€3,000 in case of recurrence).
For the professional carrying out the diagnosis
If the purchaser discovers that there is asbestos in the dwelling when the diagnosis was negative at the time of the sale, he may incur the responsibility of the professional who made the diagnosis.
In addition, the trader may be fined €1,500 if he exercises without certification (€3,000 in case of recurrence).
For the notary
The notary may be liable if he has validated the sale in the absence of the asbestos diagnosis.
It may also be held liable if it becomes aware of misleading information misleading the future purchaser.
The purchaser may refer the place of the property to the court to obtain damages.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
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