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Do I need an asbestos certificate when I buy a house?

Yes, if the house was built in 2000 or earlier. Since 23 November 2022, the seller must have a valid asbestos certificate (asbestattest) when the sale agreement (compromis) is concluded. If it is missing, you as the buyer can claim that the sale is void. For a building constructed in 2001 or later, the obligation does not apply.

When an asbestos certificate is required

The rule is set out in the Materials Decree (Materialendecreet). It covers every accessible structure with a risk construction year: a building that people can enter and that was built in 2000 or earlier. Anyone who transfers such a structure must have a valid certificate when the agreement is concluded.

A transfer is more than a sale: granting or transferring usufruct, a long lease or building rights also counts. An inheritance and an expropriation do not. A structure smaller than 20 m² is exempt, unless the transferred structures together cover 20 m² or more, or it is part of a larger whole. For letting there is currently no obligation; if a certificate exists, the tenant receives a copy.

A purchase involves other points too, such as the cadastral income and the EPC and the renovation obligation. What a report on an address costs is listed under Perceelscan pricing. You can work out the taxes on a purchase for free with the registration duties calculator and the property tax calculator.

For a flat

For the flat itself, the certificate is required on a sale. In addition, every owners’ association (VME) of a building with a risk construction year must have a separate certificate for the common parts by 31 December 2026 at the latest. The managing agent must inform the association in good time, and each co-owner receives a copy.

Until that date, the seller only has to pass on an existing certificate for the common parts. From that date, he must also have a valid certificate for the common parts when the compromis is signed.

What the certificate says

The certificate ends with a conclusion: ‘asbestos-safe’ or ‘not asbestos-safe’. Not asbestos-safe means materials with an increased or high risk of releasing fibres, or asbestos cement in the outer shell, such as the roof or the façade. Asbestos-safe is not the same as asbestos-free: asbestos in good condition may be present.

The inspection is non-destructive and covers what is visible in normal use. Whatever could not be inspected is listed as ‘suspected asbestos’. An independent, certified asbestos inventory expert draws up the inventory and enters it with OVAM, the Public Waste Agency of Flanders; OVAM then issues the certificate. The owner can see it in their Woningpas, the digital file for their home.

The certificate is valid for ten years by default, or until there is a more recent one; depending on its content, this can be shorter or longer. Check the current rule with OVAM. There is no fixed price. The expert passes on OVAM’s fee, which has been €59 excluding VAT per certificate since 5 February 2025.

If the certificate is missing

Without a valid certificate, the buyer can claim that the sale is void. That is no longer possible if, in the notarial deed, he expressly waives that claim and has nevertheless received a valid certificate.

Apart from any sale, every owner of an accessible structure with a risk construction year must have a certificate by 31 December 2031 at the latest. The Flemish Government may exclude categories and grant a limited postponement.

What does this mean if you are buying a house?

Ask for the certificate or its unique code before you make an offer; it must exist by the compromis at the latest. Check:

If it says ‘not asbestos-safe’, ask for a quote for removal before your offer; the advice in the certificate says what is urgent. If you want to renovate or demolish, bear in mind that the certificate is not enough: the inspection opened nothing up. With a complaint about a certificate, go to the expert first, then to OVAM.

What the Perceelscan shows

For each address, the Perceelscan shows, from public registers:

It does not show an asbestos certificate, nor does it issue one: only a certified expert draws it up, and OVAM issues it. Ask the seller for the certificate. The report does show historical maps, which help you estimate how old a building is.

In the other regions

Sources

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