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Real estate diagnosis: asbestos

Verified 02 August 2019 - Directorate for Legal and Administrative Information (Prime Minister)

Asbestos status is a document that refers to the presence or absence of asbestos-containing materials or products in a dwelling. This diagnosis concerns dwellings whose building permit was issued before July 1997. It is intended to inform the proposed purchaser of the property he intends to purchase.

Asbestos status is a diagnosis that identifies the presence or absence of asbestos-containing materials or products in the dwelling.

The seller must take the initiative to have this diagnosis carried out by a professional. This diagnosis must be integrated within a Technical Diagnostic Folder (DDT) which must be annexed to the promise to sell or, failing that, to the deed of sale.

Before carrying out work involving the risk of exposure to asbestos of workers on the site, an asbestos identification must be carried out by a diagnoser. This identification must comply with certain technical conditions.

The asbestos condition must be achieved in case of sale (or rental) of a dwelling (apartment, detached house, outbuilding) whose building permit was issued before July 1997.

The asbestos condition must be achieved by a professional diagnoser who meets certain criteria, including certification.

Find a Certified Real Estate Diagnostic

The investigator should investigate a list of listed materials and products ..

In the presence of asbestos, the report of the diagnoser may recommend:

  • a periodic assessment of the state of conservation of materials or products containing asbestos,
  • an in-depth risk analysis, in particular using atmospheric dust measurements,
  • corrective action and precautionary measures, including containment or removal of asbestos.

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Diagnosis made before April 1, 2013

It must be renewed before the house is sold.

Diagnosis made from April 1, 2013

The period of validity of the asbestos is unlimited.

However, it is advisable to have a new diagnosis made at each sale if you have carried out renovations after having the asbestos diagnosis carried out. This work may indeed reveal materials or products containing asbestos that are not visible during the previous diagnosis.

For Seller

The liability of the seller may be incurred if he does not voluntarily transmit the diagnosis or if he mentions false information in the advertisement of sale to mislead the future purchaser.

The acquirer may seize the court to request cancelation of the sale or damages.

The acquirer may also seize the fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)..

The DGCCRF may impose on the seller:

  • a fine of €300,000,
  • and a 2-year prison sentence.

The seller may also be fined €1,500 use of an uncertified diagnoser to perform the diagnosis (€3,000 in case of recidivism).

For the Diagnoser

If he commits a mistake in the performance of his mission by not respecting the rules of the art and the norms (for example, erroneous diagnosis) he is obliged to compensate the buyer for the damage suffered.

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

For notary

The notary's liability may be incurred in particular if he has validated the sale in the absence of diagnosis or knowing of false information misleading the future purchaser.

The acquirer may seize the court and obtain damages.

The acquirer may also seize the fraud department of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)..

The DGCCRF may impose on the notary:

  • a fine of €300,000,
  • and a 2-year prison sentence.

FAQ

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