Selling real estate: the asbestos survey

Category: Practical guidelines
Chapter: Surveys

If the report shows the presence of asbestos, the seller is responsible for communicating the information but he/she is under no obligation to have renovations done. The buyer who accepts to take the work on at his/her expense has 3 years to bring the property into line.

Asbestos: Extract of legislative enactments

The real estate certifier looks for products containing asbestos, according to a list defined by the regulations in force, in buildings for which work permits were issued before 1st July 1997.

The real estate certifier then systematically identifies suspicious materials and takes the samples required to draw up the report on the asbestos survey, which will mention the results of the analyses performed by a certified laboratory.

Since 1st January 2002, the asbestos survey, extended to include all material likely to contain asbestos, is mandatory for the demolition of a building.
Since 1st September 2002, to exonerate the seller from the warranty on hidden defects, a statement of the presence or absence of asbestos must be attached to any deed of sale for a building.

The legislation:

Orders of 02/01/02 and 22/08/02
Articles R1334-14 to R1334-29 of the Public Health Code
Standard NF X 46-020

Asbestos: Owner obligations

Decree 96-97 amended by decrees 97-855, 2001-840, and 2002-839 of 3rd May 2002.

Residential buildings

Other buildings

Single-family houses

Private areas of apartment buildings

Common areas of apartment buildings

Building permit issued before 1st January 1980

GENERAL OBLIGATION

Tracking: Asbestos fireproofing, insulation, and suspended ceilings / Condition of conservation / Technical record + Measurements of dustiness and work, in certain cases (before 31.12.99)

Extended tracking(1) and constitution of the technical “asbestos” record before 31/12/2003 for residential IGH(3) and before 31/12/2005 for the others

Extended tracking(1) and constitution of the technical “asbestos” record before 31/12/2003 for IGH(3) and category 1 to 4 ERP(4) before 31/12/2005 for the others

Building permit issued before 29th July 1996

GENERAL OBLIGATIONS

Tracking: insulation and suspended ceilings / Condition of conservation / Technical record + Measurements of dustiness and work, in certain cases (before 31.12.99)

Extended tracking(1) and constitution of the technical “asbestos” record before 31/12/2003 for residential IGH(3) and before 31/12/2005 for the others

Extended tracking(1) and constitution of the technical “asbestos” record before 31/12/2003 for IGH(3) and category 1 to 4 ERP(4) before 31/12/2005 for the others

Building permit issued before 1st July 1997

GENERAL OBLIGATIONS

Tracking: suspended ceilings / Condition of conservation / Technical record + Measurements of dustiness and work, in certain cases (before 31.12.99)

Extended tracking(1) and constitution of the technical “asbestos” record before 31/12/2003 for residential IGH(3) and before 31/12/2005 for the others

Extended tracking(1) and constitution of the technical “asbestos” record before 31/12/2003 for IGH(3) and category 1 to 4 ERP(4) before 31/12/2005 for the others

Building permit issued before 1st July 1997

IN CASE OF SALE since 1st September 2002

To be able to exonerate him/herself from the warranty on hidden defects, the seller must provide a statement on the presence or absence of asbestos

This statement contains findings, drawn up based on extended tracking(1)

This statement contains findings drawn up based on extended tracking(1) or on the summary fact sheet of the technical asbestos record when it exists

Building permit issued before 1st July 1997

IN CASE OF DEMOLITION since 1st January 2002

Tracking all materials(2)

(1) Extended tracking = according to the list of materials and products attached as an appendix to decree no. 96-97 amended 2002 (accessible materials, attained without destructive work, and inside buildings)
(2) Tracking all materials = according to the list attached as an appendix to the order of 2nd January 2002 (all materials including from destructive sampling, inside and outside of buildings)
(3) high-rise building
(4) premises open to the public

Updated on: 07/02/2008

And on the same subject:

Energy performance certificate
Electrical wiring surveyi
Gas installation survey
Legionellosis survey
Lead survey
Radon survey
Technical survey
Termite survey
Statement of natural and technological risks
The Carrez Act
Survey for rental