On 23 November 2022, the new asbestos inventory will become compulsory by OVAM with the aim of achieving an asbestos-safe Flanders by 2040. For example, without the asbestos certificate, you can no longer have deeds drawn up.

But what does this mean for you as a real estate agent? And when is it mandatory? In this article, we answer all your questions.

When is the asbestos certificate mandatory?

From 23 November 2022, an asbestos certificate will be compulsory for any building or building component (such as a flat) built before 2001, sold and of which you are the owner. The owner is obliged to present a valid asbestos certificate to prospective buyers of the property.

Buildings built before 2001

Was your building, or part of the building, built before 2001? Then the asbestos certificate is mandatory. This is because buildings younger than 2001 cannot contain asbestos. This is because the production of materials containing asbestos was banned in Belgium since 1998.

On sale or from 2032

Are you going to sell your property? Then as an owner, you are obliged to have an asbestos certificate from 23 November 2022. This is therefore an obligation in the case of a living transfer. Donations are also covered, but inheritances are not.
From 2032, every owner is required to have an asbestos certificate from a building built before 2001.

Surface area of 20 m² or more

The asbestos certificate is also required for buildings or building parts with a surface area of 20 m² or more. For example, do you have a 16 m² studio that is part of a larger building? Then you do need an asbestos certificate.
Do you have several small buildings on a plot? Then you have to add up all the surface areas. For structures less than 1.5 metres high, the attestation is not compulsory.

What does it all entail?

You can request the certificate as always on our client portal. Next, there is an assignment agreement that is of great importance. In it, you will find evidence documents and samples, among other things. Furthermore, it also states that it is a voluntary and supplementary examination, mandatory actions will be performed and there are examination restrictions. As long as the assignment agreement is not attached or signed, nothing can be started administratively at OVAM.

It is not a bad idea for the owner to be present during this examination. This way, he or she can provide additional info during the inspection. However, it is important that no one else is present during the sampling as this contains health risks due to the harmful substances.

Because it is a broad examination that takes up a lot of time because of the samples and the attestation also requires some paperwork, it is best to apply for it in good time to minimise delays.

Asbestos experts

Some delays are expected, though, as there are not many asbestos experts yet and, of course, an asbestos inventory is not as simple as an EPC inspection. To make up for this shortfall, we at Real Estate Experts have committed to having about 40 certified asbestos experts on our team by November.

Conclusion

So the asbestos certificate is a very important document that you need to be timely if you want to get it on time. If you are not there on time, your sales may be delayed. The sooner the document is in order, the better. This is because without an asbestos inventory, the deed cannot be put in order.