The asbestos inventory certificate — commonly known as the asbestos certificate — is a document that maps the presence of asbestos in a building. It was introduced by the Flemish Materials Decree of 29 March 2019 and fits within the policy objective of making Flanders asbestos-safe by 2040. The concrete scope of the certificate, the obligations attached to it and the sanction in case of non-compliance are governed by Articles 33/9 to 33/16 of that decree. For owners, buyers and landlords of older properties, this is today one of the most tangible asbestos obligations.
Legal basis and the timeline of the obligation
The core of the regime is set out in Article 33/14 of the Materials Decree. It requires the owner to communicate the content of a valid asbestos certificate to the prospective buyer whenever the property qualifies as an "accessible construction with a risk construction year". In practice, this technical description means: a building constructed in 2000 or earlier and with an accessible surface of at least 20 m². Buildings erected after 2000 fall (for now) outside the certificate obligation.
The obligation is being rolled out in stages. Since 23 November 2022, the seller of such a building must disclose the content of the certificate when concluding the private sale agreement — the compromis. A separate deadline applies to the common areas of apartment buildings: these must have a certificate by 1 January 2027. Landlords are next: landlords of properties built before 2001 must have a certificate by 2030 and provide their tenants with a copy (Article 33/9 §2). Finally, the regime is completed in 2032 with a general certificate obligation: by that date, every owner of a building constructed before 2001 must hold an asbestos certificate, regardless of any sale or lease (Article 33/9 §1). The certificate thus evolves from a sales document into an obligation attached to the building itself.
Who draws it up and what does it contain?
An asbestos certificate cannot be drawn up by the owner himself or by any random contractor. Only an asbestos inventory expert certified by OVAM (the Flemish Public Waste Agency) is authorised to do so (Article 33/16). The expert carries out a non-destructive investigation: he inspects the building without breaking open walls or damaging materials, and relies on visible features and available documents. His findings are entered into OVAM's central Asbestos Inventory Database, which then generates the standardised certificate. A "certificate" issued by someone without certification has no legal value.
In terms of content, the certificate maps, for each suspected asbestos-containing material, which applications contain asbestos, in what condition they are and what risk they pose. A distinction is made in particular between bonded asbestos that is undamaged and does not release fibres, bonded asbestos that is damaged, and the more dangerous non-bonded applications. The certificate also links these findings to management advice: which materials you should (urgently) have removed, and which merely require careful management to maintain the asbestos-safe condition. The document thus becomes not only a snapshot, but also a guide for managing the asbestos in your building.
Validity period and the limits of the certificate
The validity period depends on what is found. As a rule, an asbestos certificate is valid for ten years. If high-risk materials have been identified, that period is reduced to five years, because the condition of such materials can deteriorate more quickly. In addition, since 8 April 2024, a certificate establishing that no asbestos is present has an unlimited validity. Please note: regardless of the validity period, you must have the certificate updated whenever the situation changes, for instance after renovations or damage causing fibres to be released.
It is equally important to understand what the certificate is not. It is a best-efforts obligation of the expert, not an absolute guarantee that no asbestos is present anywhere. Because the investigation is non-destructive, asbestos concealed behind walls or under floors may escape detection. It is precisely this hidden asbestos that may later, despite the certificate, constitute a hidden defect on purchase for which the seller can be held liable. Hence the key message: "asbestos-safe" is not the same as "asbestos-free". This ties in with your own duty to inform. Article 33/10 requires the owner to declare, by way of a sworn statement, whether he knows or ought to know that concealed or covered asbestos is present that the expert was unable to identify. The certificate therefore does not relieve you of your own duty to speak — it complements it. How this duty to inform plays out precisely vis-à-vis buyer, broker and notary is explained in the duty to inform regarding asbestos.
The sanction for a missing certificate
The regime has teeth. If a sale subject to the certificate obligation is concluded without the content of a valid asbestos certificate having been disclosed, the buyer may, on the basis of Article 33/14 §6, seek annulment of the transfer. This nullity is relative: only the buyer — the party protected by the rule — can invoke it, not the seller. Moreover, the seller cannot waive this risk by means of a standard clause. A waiver of nullity is only valid where the buyer has subsequently received a valid certificate and expressly waives his claim in the authentic deed. A generic wording such as "the buyer waives all nullities" is not sufficient. This regime runs parallel with that of the soil certificate, where case law likewise requires a strict, express waiver.
Finally, a necessary distinction. The asbestos inventory certificate discussed in this article is the document under Flemish environmental law that private owners need on sale and, by 2032, in any event. That is different from the asbestos inventory under labour law (the Code on Well-being at Work), which an employer must draw up for the buildings and installations where his employees are active. Both inventories exist side by side, serve different purposes and do not cover the same spaces. How the asbestos certificate fits into the broader framework of your rights and obligations in a real estate transaction is explained in our guide on asbestos in real estate.
How Reius Advocaten can assist you
Are you unsure whether your property is subject to the certificate obligation, have you received a certificate whose implications you cannot properly assess, or is a sale at risk of falling through because of a missing or late-disclosed asbestos certificate? Reius Advocaten assesses your specific situation, safeguards proper compliance with the disclosure and information duties and assists you when a nullity or liability is at stake. Feel free to contact us at info@reius.be or via the contact form.