As of the 23rd of November last year, in Flanders, property owners are required to provide an asbestos certificate to their potential buyers when selling their property.
In principle, this obligation applies to any transfer among living persons regarding a proprietary right – such as any sale or donation – or any establishment or transfer of a right of usufruct, emphyteusis, superficies or a right of use in rem. Only if the building was constructed before 2001 will the asbestos certificate be required.
Moreover, landlords will be obliged to provide a copy of the asbestos certificate to their (potential) tenants, if the certificate is available. However, by 2032, every owner of a building or residence older than 2001 will have to be in possession of an asbestos certificate.
To obtain the certificate, the owner will have to call on a certified asbestos expert to draw up an asbestos inventory of the building. The certificate will probably cost between 395 and 850 euros, depending on the size of the building.
In case of a sale, the seller transfers the certificate to the buyer when signing the contract of commitment. However, buyers can request the attestation from the seller beforehand.
More information can be found at: https://ovam.vlaanderen.be/veelgestelde-vragen-over-het-asbestattest
https://studio-legale.com/attention-asbestos-certificate-obligatory-from-23-november-2022/?lang=en
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