Frequently asked questions about the asbestos certificate

When do I need an asbestos certificate?

As of 23 November 2022, you need an asbestos certificate when selling a property that was built before 2001. The contents of the certificate must be made known to the buyer of the property when the compromise is signed. In practice, buyers will request a copy of the asbestos certificate in advance, for example during a viewing day.

For the common parts of properties under the system of forced co-ownership, the obligation only comes into effect on 1 May 2025.

As a landlord, do I need an asbestos certificate?

By 2032, however, every owner of a building constructed before 2001 must have an asbestos certificate. As the lessor of a building constructed before 2001, you will not need to have an asbestos certificate until 2032. Do you already have an asbestos certificate? Then you must provide your (new) tenant with a copy of the asbestos certificate as soon as you have one.

Does the obligatory asbestos certificate also apply to transfers by gift?

It is obligatory to have an asbestos certificate in case of a “transfer under life insurance”.

What is covered by a transfer among living persons:

  • transfer of a right of ownership (e.g. sale, gift);
  • creation or transfer of:
    • A right of usufruct;
    • A leasehold right;
    • A building lease;
    • a right of use in rem;

What is not covered by a transfer among living persons:

  • an inheritance

Does the obligation apply to all buildings?

The obligation for an asbestos certificate applies to any Accessible Construction with Risk (TCR), as described in the Materials Decree

  • of which the ground area or the sum of the ground areas of the different TCRs in a given inspection area is greater than or equal to 20 m²;
  • of which the surface area is smaller than 20 m² but where the TCR is part of a larger construction with a surface area larger than or equal to 20 m².

A TCR can be a dwelling, but commercial buildings, office buildings, government buildings, agricultural buildings, religious buildings and other types are also included in this category. Risk year means ‘built before 2001’.

How long is an asbestos certificate valid?

The standard period of validity of an asbestos certificate is ten years. In some cases, a shorter period of validity can be granted. This is the case when there was a limitation during the survey, as a result of which the asbestos expert was unable to survey the entire inspection area.

An asbestos certificate is no longer valid if:

  • The validity date has passed. The validity of the certificate then automatically expires.
  • A more recent asbestos certificate has been issued for the same house. All older certificates automatically cease to be valid if a new certificate is drawn up for the same house.

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