The regulation on asbestos diagnosis

Are you looking to invest in real estate? Before making your purchase, there are regulatory rules to be aware of. Among them, the asbestos diagnosis is mandatory! This diagnosis helps to identify the presence of asbestos, a substance with harmful health effects.

So how is this diagnosis conducted? What should it contain? Find out in our article!

What is asbestos and why is it dangerous?

Used for thermal and sound insulation in buildings, asbestos was banned in 1997. This fibrous mineral is highly resistant to heat, corrosion, and provides excellent thermal and acoustic insulation. Its fibers also increase the durability of cement.

However, despite these advantages, asbestos is far from harmless. During renovation/demolition works, its fibers can be released into the air and inhaled. These cannot be naturally expelled by the body. They then accumulate in the respiratory system, which can cause several diseases such as:

  • Asbestosis (pulmonary fibrosis);
  • Mesothelioma (cancer of the pleura);
  • Lung cancer.

 

Exposure to asbestos is therefore a real public health issue. This has led authorities to impose an “asbestos diagnosis” before any real estate transaction.

What is the purpose of the asbestos diagnosis?

The asbestos diagnosis is a legal requirement for all real estate properties built before July 1, 1997. Its main goal is to identify the possible presence of asbestos in various elements and materials of the property.

This diagnosis has two major purposes:

  • It aims to preserve the health of the occupants of the dwelling (owners, tenants…);
  • It alerts the future buyer or the project owner about the risks associated with the presence of asbestos in the building.

 

Thus, before purchasing your home, make sure to check if the asbestos diagnosis is attached to the sales agreement. If the seller refuses to provide it, you can negotiate the sale price or cancel your transaction. Real estate evaluations are essential to determine the value of properties. Do not hesitate to use an agency for a real estate appraisal that is accurate and reliable! Discover, without further delay, the real estate listings in Paris and find the property that meets your expectations.

When is it mandatory?

The asbestos diagnosis is mandatory before the start of any construction project (article L. 4412-2). Project owners, project managers, and building owners are all required to follow this procedure.

If the seller does not voluntarily transmit this diagnosis to the buyer or if he mentions false information in his sales advertisement, the DGCCRF can penalize him with a fine of 300,000 euros. The absence of a diagnosis can also lead the seller to pay damages to the buyer!

Who conducts the asbestos diagnosis?

The asbestos diagnosis must be conducted by a certified professional diagnostician. This individual has the technical skills necessary to carry out this mission safely.

If the diagnosis is conducted by a non-certified diagnostician, the owner risks being penalized with a fine of 1500 euros.

How is an asbestos diagnosis conducted?

The diagnostician identifies materials that may contain asbestos. If necessary, he proceeds with destructive sampling while avoiding the dispersion of asbestos fibers.

The diagnosis generally concerns:

  • Interior walls (walls, columns, etc.);
  • Ceilings and floors;
  • Pipes and interior equipment (fire doors, shutters, etc.);
  • Exterior equipment (facades, roofs, etc.).

Article R 1334-21 of the Public Health Code establishes an exhaustive list of all parts to be examined during this diagnosis. The collected samples are then analyzed in a laboratory. Following the inspection, the diagnostician establishes a technical asbestos file (DTA). This document gathers all the information about the presence or absence of asbestos in the property, the characteristics of the materials, and their state of conservation.

The DTA must be kept up to date and accessible to anyone occupying the building. A report is then drafted by the diagnostician. In case of presence of materials containing asbestos, he must specify their locations.

Note that if the asbestos diagnosis is negative, its validity is unlimited.

Who pays for the asbestos diagnosis?

It is the owners-sellers who must pay for the asbestos diagnosis. The cost generally ranges from 100€ to 200€. Price variations depend on the time of intervention, the difficulty of accessing the equipment, and the area of the property to be diagnosed.

Keep in mind that the asbestos diagnosis is merely informative for the buyer of the property. It does not obstruct the completion of the sale.

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