Asbestos in the Home: Obligations for Selling in Flanders

Since November 2022, the 'asbestinventarisattest' (asbestos inventory certificate) has become an essential document for selling any property built before 2001 in Flanders. This measure, introduced by the Flemish government, aims to map out where hazardous materials are located to ensure a safer living environment. If you are selling a house, apartment, or even common parts of a building, you must provide this certificate to the buyer at the time of signing the compromise.

For owners dealing with an inheritance or an urgent sale due to financial difficulties, this requirement can feel like an extra burden. It is important to note that the certificate must be issued by a certified asbestos expert after an on-site inspection. This process involves identifying all materials that may contain asbestos, ranging from roof slates to floor tiles and pipe insulation.

It is crucial to understand that real estate regulations in Belgium are regionalized. Currently, the mandatory asbestos certificate upon sale is only required in the Flemish Region. While Brussels and Wallonia have strict rules regarding asbestos removal during renovations or for employers, they do not yet have an identical mandatory 'sales certificate' systems like Flanders.

However, transparency remains key regardless of the region. Even in Brussels or Wallonia, an owner is legally bound to inform a buyer about known hidden defects, including the presence of friable asbestos. Providing clarity early in the process prevents legal disputes later, especially in sensitive situations such as a divorce or a bankruptcy settlement.

Asbestos is closely linked to the mandatory renovation obligation for homes with a poor EPC label. When a buyer plans to insulate a roof or facade to meet energy standards, the discovery of asbestos can significantly increase the cost and complexity of the work. This direct impact often leads to a lower offering price during a traditional sale on the open market.

For owners who do not have the time or financial means to deal with these complications, Pandpartners.be offers a solution by purchasing the property directly in its current state. By taking over the property 'as is,' we alleviate the stress of coordinating inspections and dealing with the price fluctuations caused by asbestos findings.

Selling a parental home after a loss or dividing assets during a divorce is emotionally taxing enough without the addition of technical inspections and certifications. The asbestos certificate is valid for ten years (or five years for high-risk profiles), but the administrative steps must be taken before the public announcement of the sale. Failure to provide a valid certificate can lead to the nullification of the sale or significant fines.

We recommend that owners in delicate situations act proactively. By gathering all necessary documents early, you protect yourself from last-minute surprises that could derail a deal. If the technical requirements or the cost of potential removal feel overwhelming, seeking professional advice or a direct purchase option can provide the peace of mind needed to move forward.