Asbestos certificate when selling a home in Flanders

When is the certificate mandatory?

The certificate is required for the sale of a building or part of one, for example a flat. It also applies to a gift and to the transfer of certain other rights in rem, such as usufruct or a long lease. An inheritance is not covered. The certificate must be available when the sale agreement is signed, or at the transfer if there is no sale agreement. The obligation applies to agreements concluded on or after 23 November 2022; a sale agreement from before that date does not need a certificate, even if the deed is executed later.

For which buildings?

• Built before 2001 (according to the year of construction in the land registry).
• A surface area of at least 20 m².
• Accessible: a person can stand or walk in it (about 1.75 m high) and it has a roof on posts or walls.

Several small outbuildings on one plot are added together: four sheds of 6 m² together need a certificate, a single shed of 6 m² does not. If several dwellings are sold together, each unit needs its own certificate; in a split sale to different buyers, each part does. The land-registry year of construction does not change with a renovation. Parts built after 2000 may not need to be inspected if you can prove the year of construction with documents, such as invoices or quotes. Car parks without a building, fences and sheds lower than 1.75 m are excluded.

Common parts and jointly used parts. For the common parts of a building in co-ownership, the association of co-owners must have a certificate by 31 December 2026 at the latest; an existing certificate must be communicated to the prospective buyer on a sale. For parts used by several units within one property, a separate certificate has been required on transfer since 1 May 2025. Also read our guide on buying a flat.

Who draws up the certificate?

A certified asbestos expert carries out a visual inspection and takes samples if necessary. OVAM then issues a unique certificate per building. The owner must have the certificate, but can authorise someone else to arrange the inventory, such as an estate agent or a property manager. Tenants are not responsible for it. If a certificate exists, the owner must give a copy to new tenants.

What does it contain?

The certificate states whether the building is asbestos-safe and gives advice on the management or removal of any asbestos found. It is a starting point: before a renovation, according to OVAM, a limited destructive investigation is needed to detect hidden asbestos.

Validity

• 10 years as standard.
• 5 years if the building contains high-risk asbestos-containing materials.
• Unlimited for certificates issued from 8 April 2024, if no asbestos materials were found (final conclusion “0 asbestos materials”).

A certificate looks at the whole plot: asbestos in a fence or outbuilding can limit its validity, even if the home itself is asbestos-free. The certificate expires at the end of its term, when a more recent certificate is issued for the same building, or when the situation changes (new finds, removal or damage from an incident). After a change in the situation, a new certificate is needed within the year. The expiry date is at the top left of the cover page.

What the seller and the buyer must do

Seller. Check whether the existing certificate is still valid, have a new one drawn up if necessary, give it to the buyer at the latest at the sale agreement, and state in the sale agreement that its content has been communicated, with the date, the unique code and the summary conclusion.

Buyer. Ask for the certificate as early as the viewing. You can invoke the nullity of the sale if there is no valid certificate or it was not provided in time, until the notarial deed (authentieke akte) is signed. In the deed you can waive that nullity, but only if you have received a valid certificate in the meantime and you state this in the deed.

Notary. The notary checks with OVAM’s tool whether the certificate is valid and the latest version, and states in the deed that the buyer received the certificate, with date, code and summary conclusion. In a public sale via Biddit, these details are in the conditions of sale: see our guide on buying a home via Biddit.

Do you have to have the asbestos removed?

For non-public buildings, such as homes, an asbestos-safe situation is not mandatory. However, there is a duty of management: anyone managing asbestos must take measures where fibres can be released. The certificate lists actions such as “remove” or “remove urgently” for high risk, and “take measures” for hard-to-reach materials. You may let the timing depend on your budget, the risks and other renovation plans. Certain external elements, such as roof and façade cladding, gutters and chimneys, must however be removed to obtain an asbestos-safe final conclusion. If you remove asbestos, update the certificate within the year. The Flemish Government offers support and subsidies for asbestos removal. If you want to know what removal costs, it is best to ask for quotes; we read no official rate for this.

Which professional to consult

The notary checks the certificate and includes the details in the deed: the notary. An estate agent can assist the owner and have the certificate drawn up: the estate agent. For the inspection itself, a certified asbestos expert is needed. If you are buying to renovate, read our guide on buying a house to renovate.