Attention when selling!
A while ago, we talked about how asbestos is still a current issue (asbestos-containing talc products for babies). Other applications still bring us into contact with these materials in unexpected ways. A recent article in the national media reported on this: vintage asbestos cement products.
These include flower pots, garden chairs, and even dog kennels that are being sold on second-hand websites. This is, of course, completely illegal, as the sale of asbestos-containing products has been banned for over 20 years. This ban is certainly relevant, as these materials are often over 40-50 years old, and due to weathering, asbestos fibers can be released, which poses a significant health risk (mesothelioma, asbestosis...).
If you own such items, you are allowed to keep them – however, selling them is not permitted, and proper management is strongly advised.
Source: VRT
Roofing
Roofing can pose a hidden danger: asbestos.
The inspection protocol states that roofing is always suspected of containing asbestos, unless the material was produced after 2000. In other words, one sample per lab analysis is mandatory to identify roofing as 'non-asbestos-containing,' except if it is proven that the material was produced after 2000. However, sampling is not straightforward due to the risk of roof leakage. Lab analysis is also challenging because of the stickiness and low density of asbestos fibers in the material.
Roofing differs from the more recent EPDM, which (for now) is not considered asbestos-suspect. EPDM is a synthetic rubber that is also used as roofing material.
Source: OVAM
Asbestos - Urgently Relevant
Asbestos is not a relic of the past; it remains a pressing concern, as demonstrated by a recent court case. An Oregon jury awarded $260 million to Kyung Lee, a woman who developed mesothelioma after using Johnson & Johnson's talc products for over 30 years. The award includes $60 million in compensatory damages and $200 million in punitive damages.
Kyung Lee, a 48-year-old mother from Beaverton, Oregon, was diagnosed with mesothelioma, a terminal cancer caused by asbestos exposure, in August 2023. Her prolonged use of Johnson & Johnson's baby powder, which allegedly contained asbestos, led to her illness. The plaintiff's attorneys emphasized that this substantial award would help secure her family's future after her passing.
Asbestos can contaminate talc due to their natural co-occurrence in the earth. This contamination often involves chrysotile, the most common type found in talc products. Despite Johnson & Johnson's rigorous testing claims, the jury found evidence of asbestos in their talc products.
Johnson & Johnson disputes the verdict, maintaining that their talc products are safe and free of asbestos. The company plans to appeal the decision, citing decades of scientific evaluations supporting the safety of their products. This case is part of a larger litigation landscape, with J&J currently seeking a $6.48 billion settlement to resolve thousands of similar claims.
Source: CVN News,, Mesthelioma Center, Fierce Pharma
The Inspection Protocol
The ministerial decree of April 1, 2022, established the asbestos inspection protocol - but what exactly is this?
This protocol describes in detail how an inventory certificate (the asbestos certificate) should be created; in other words, how the inventory should be compiled and how the asbestos expert should proceed. The protocol determines which inspection area should be considered, what kind of research should be conducted, and when there are research limitations. The obligations of the asbestos experts – diligence, safety, preliminary investigation, and site visit – are further clarified. Certification organizations ensure that the protocol is applied correctly, so that the asbestos expert earns their certification.
When you appoint an asbestos expert to create an asbestos certificate in Flanders, the asbestos expert will have you sign the assignment form – this document outlines the roles of the client and the contractor according to the inspection protocol. More information can be found here.
Update in legislation.
The modification decree Vlarema 9 came into force on April 9 and has some significant implications for anyone dealing with asbestos.
An important point is that the impartiality of the asbestos expert must be guaranteed. This means that professions acting as real estate agents (surveyor, estate manager, notary, etc.) are no longer allowed to draw up the asbestos inventory for their own properties. Currently, this practice is tolerated until January 1, 2025.
Also, an update on the asbestos reduction action plan 2023, which was recently approved. We want to reiterate that there is an acceleration of the general obligation - for VME (Owners' Association), an asbestos certificate must be available for common areas by 2027 (regardless of whether a sale takes place or not), for sales this is from May 2025.
Also important: in order to reinforce the asbestos-safe objective, the possibility of providing a new asbestos premium via MyRenovationPremium is being explored. The asbestos certificate must be updated no later than 1 year after the renovation. This way, Flanders will gradually become asbestos-safe.
Source: OVAM
What are Drip Zones?
Drip zones refer to areas in the inspection zone where asbestos fibers can accumulate, typically at points of drips in asbestos applications in the outer shell of the structure. This includes areas such as sloping roofs, drainage pipes, a wall covered with asbestos slates, and so on. Over the years, asbestos fibers released by weather conditions will accumulate in these areas. Therefore, it is important to map these zones. As end-users, we certainly do not want to collect water from asbestos roofs to wash our clothes or use this soil and water for the vegetable garden.
Identifying drip zones often requires a combination of visual inspection, knowledge of typical asbestos applications, and experience in the industry. Asbestos Inventory Experts are trained to recognize and document potential drip zones during inspections. This involves examining areas where asbestos-containing materials are present and looking for signs of fiber accumulation, such as dust, dirt, or discoloration.
In an asbestos certificate, drip zones are categorized through the "drip zone" section. The source of the material, a brief description, and a photo further indicate where the risk lies. The asbestos expert will also advise on how to deal with this as an end-user.
Asbestos certificate Common Areas
On January 19, 2024, the draft omnibus decree containing various provisions regarding the environment, ecology, nature, and spatial planning was preliminarily approved, including a proposal regarding the asbestos certificate for common areas. The Council of State is yet to provide an opinion; thereafter, the Flemish Government and the Flemish Parliament will consider this draft.
This proposal advances the obligation to possess an asbestos certificate for all co-properties to January 1, 2027, instead of January 1, 2032. The requirement to have an asbestos certificate upon transfer of the common areas by May 1, 2025, is integrated into this milestone of January 1, 2027: from then on, a copy of the asbestos certificate for common areas must also be available upon the transfer of a private unit. If an asbestos certificate for common areas is already available before January 1, 2027, it must still be mandatory to disclose this to the prospective acquirer.
Of course, all subject to final approval by the Flemish government and the Flemish Parliament and publication in the Belgian Official Gazette.
New Regulation: Unlimited Validity of Asbestos Certificates
Recent news announces the adjustment of the validity period of asbestos certificates, no longer considering them expired. This initiative, approved by the Flemish Government, takes effect after publication in the Belgian Official Gazette. Previously, asbestos certificates were valid for ten years, but with the new regulations, certificates showing no asbestos materials are found will have unlimited validity.
This change stems from the revision of VLAREMA 9 (Article 86), through which the Flemish Government addresses the logical inconsistency that an asbestos certificate remained valid for ten years even if no asbestos was present. From now on, a certificate stating '0 asbestos materials' is permanently valid.
It is important to emphasize, however, that an asbestos certificate not only assesses the property itself but also the entire premises. For example, if the property itself contains no asbestos but asbestos materials are present in outbuildings or the fence, a limited validity period still applies.
Furthermore, the absence of asbestos in a standard test does not necessarily mean that no asbestos is present, especially when dealing with encapsulated asbestos. Therefore, additional investigation by an asbestos expert may be necessary, especially prior to construction activities.
Owners of buildings constructed before 2001 have until 2032 to obtain a valid asbestos certificate, even if the validity period has expired. This new regulation not only provides clarity but also serves as a safety mechanism for homebuyers and owners.
The Asbestos certificate
Starting from November 23, 2022, it is legally mandatory to have an asbestos certificate when selling older properties, and by 2032, every owner of such a building must possess this certificate. It is also important that landlords provide a copy of the asbestos certificate (if already available) to new tenants when renting out the property.
This certificate is part of the broader asbestos reduction policy of Flanders, which aims to achieve an asbestos-safe environment by 2040. By conducting an inventory of all buildings constructed before 2001 and identifying and removing risky asbestos applications, the Flemish government seeks to ensure the health and safety of its residents.
For buildings constructed after 2000, the use of asbestos-containing materials is already prohibited. Nevertheless, doubts may arise regarding certain materials, and in such cases, the post-intervention file provides all necessary information. This file is mandatory for buildings constructed or renovated after May 1, 2001.
But what exactly does the asbestos certificate entail? It is the result of a thorough inventory conducted by a certified asbestos expert. It contains detailed information about the presence and condition of asbestos in the building, as well as advice on how to deal with it. This enables owners to safely manage their buildings or have asbestos safely removed.
It is important to note that the standard inventory is non-destructive. This means that no damage is inflicted on the structure of the building. However, for additional investigations before (renovation) works, destructive testing may be necessary. Ultimately, laboratory analysis provides definitive certainty about the presence of asbestos.
In summary, the asbestos certificate is a crucial tool for identifying the presence of asbestos and taking steps toward a safe living environment.
Action Plan Asbestos Reduction - Asbestos-Safe Flanders 2040
In an effort to create a safer living environment, the Flemish government announces an ambitious asbestos reduction policy, aiming to achieve an asbestos-safe Flanders by 2040.
New Insights: Presence Equals Risk
Recent research underscores that even the presence of bonded or non-bonded asbestos in a building poses a potential risk to the environment. Over time, the binder that encapsulates the harmful asbestos fibers weakens, releasing the fibers into the surroundings. The deterioration of asbestos applications makes management and removal increasingly complex, resulting in rising societal costs.
Asbestos Massively Present in Flanders
Until the ban on asbestos use was introduced in 1998 and 2001, asbestos had been processed in various applications for decades. In Flanders, buildings and infrastructure constructed before 2001 are estimated to contain 2.3 million tons of asbestos-containing materials. This includes over 2.8 million homes, 354,000 non-residential buildings, and 40,000 kilometers of utility lines. The risk of asbestos in homes, apartments, or schools is therefore significantly high unless extensive renovations have been carried out.
The Action Plan for Asbestos Reduction - Asbestos-Safe Flanders 2040
In 2018, the Flemish government introduced the Action Plan for Asbestos Reduction, aimed at achieving an asbestos-safe Flanders by 2040. This plan comprises two main pillars: asbestos inventory and asbestos removal, with various measures to expedite the removal of risky asbestos applications from buildings. Only asbestos applications in good condition may remain, while risky asbestos must be safely removed and stored.
"Asbestos-safe" vs "Asbestos-free"
While the goal of an "asbestos-free Flanders" is theoretically unattainable due to the presence of asbestos in underground applications, the decision has been made to strive for an "asbestos-safe" Flanders by 2040. This implies that 90% of all passive asbestos applications in Flanders must be removed, without the need for complete excavation, which would cause enormous mobility issues.
Asbestos policy integrated into other policy domains
The pursuit of an asbestos-safe Flanders is an integral part of a broader policy framework, including climate measures, circular construction practices, spatial planning, and basic housing quality. The removal of risky asbestos applications contributes to energy efficiency, circular construction practices, and the creation of new space, while also being essential for a safe living environment.
