The manufacture of asbestos has been prohibited since 1998

Since the Royal Decree of February 3, 1998, limiting the marketing, use and manufacture of certain dangerous substances and preparations, including asbestos, the use of asbestos applications is prohibited.

And since January 1, 2005, the placing on the market and use of products containing asbestos is completely prohibited.

In the event of the sale or rental of a dwelling, the owner is under no obligation to produce an asbestos inventory of the dwelling. The buyer or tenant may, however, include a clause on this subject, either in the sales agreement or the rental lease, specifying under the obligation to deliver that the property is free of asbestos or with a description of the asbestos-containing elements.

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Mandatory asbestos inventory before work

Contrary to what is done in France, there is no automatic and organized screening in Belgium. An asbestos inventory is, however, mandatory for transformation or demolition of a building or a dwelling, in accordance with the decree of the Government of the Brussels-Capital Region of April 10, 2008 on the conditions applicable to asbestos removal and encapsulation worksites.

In the case of transformation or demolition work, an asbestos inventory must be drawn up so that the executor of the work is warned of the presence of asbestos. In some specific cases, the asbestos will need to be completely removed before the work can begin.

The presence of asbestos is considered a hidden defect

In its dangerous form, asbestos is perceived as a defect in a building that can be considered a latent defect that can have consequences when selling a property.

To constitute a hidden defect, asbestos must be present in it in its friable form and therefore considered dangerous.

For any questions regarding asbestos legislation, the experts at XLG Asbestos will be sure to answer you.

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