As Of 23 November 2022, An Asbestos Certificate Is Mandatory When Transferring Real Estate Constructed Before 2001 In Flanders.

• Published date: 10 March 2023
• Subject Matter: Real Estate and Construction, Construction & Planning, Real Estate
• Law Firm: EY Law
• Author: Mr Philip Peerens and Anna Aleksanjan

Although the use of asbestos in construction materials has been prohibited since 1998, it is still present in many buildings. In Belgium, an asbestos certificate has been mandatory for employers since many years, pursuant to the Codex on Well-being at Work. This obligation has been broadened in Flanders under the Asbestos Decree ('Asbestdecreet') which the Flemish Parliament has approved on 29 March 2019 to speed up the removal of asbestos from buildings.

The Flemish asbestos inventory requirements have become effective on 23 November 2022. From this date on, the transferor of a right in rem in a property constructed before 2001 is required to provide the transferee - before entering into a transfer agreement - with an asbestos inventory certificate.

What is the scope of application?

The requirement of the asbestos inventory certificate applies:

• Whenever there is a transfer among living persons of the right of ownership, the establishment or transfer of a right of usufruct leasehold, superficies, or a right of use in rem of a property This means that the requirement not only applies to sales or donations of real estate, but also to transfers of real estate in connection with mergers, (partial) demergers, contributions of a branch of activity.

The expropriation or the inheritance of a property is not considered as a transfer and is therefore excluded from the application:

• To all types of properties, regardless of their use or occupants. Consequently, residential premises also fall within the scope of application.

How to obtain an asbestos inventory certificate?

An asbestos inventory certificate can be provided by an asbestos expert, who will perform an on-site inspection and afterwards register the report in the web application of OVAM ('Openbare Vlaamse Afvalstoffenmaatschappij'), which is the Public Waste...