Asbestos Obligations: Essential Information on Asbestos Inventory
The management of asbestos falls under the responsibility of the holder of real rights over the property. As such, it is imperative to establish an inventory of materials containing asbestos.
The Asbestos Inventory Obligation:
Since 1995, every employer must carry out a comprehensive inventory of asbestos-containing materials present in all buildings, with the exception of hard-to-access areas that, under normal conditions, pose no risk of exposure. This inventory, known as a “visual inventory with management plan”, maps out the risks associated with asbestos.
Before undertaking works (asbestos removal, demolition, renovation or any intervention likely to expose workers to asbestos), the client must complete the initial inventory. It must include information on asbestos-containing materials in hard-to-access areas, as well as machinery and installations that may be affected by the works. This type of inventory, known as “destructive”, sometimes involves damaging materials during sampling required for analysis.
In the Brussels-Capital Region, the destructive asbestos inventory prior to works must strictly comply with the model defined by the Regional Government Decree of 10 April 2008.
Key Points to Remember:
• Validity Period: The asbestos inventory is valid for one year. It must be updated annually as well as after any event altering the condition of asbestos-containing materials (removal, new detection, deterioration, etc.).
• Unexpected Discovery of Asbestos-Containing Materials: If materials likely to contain asbestos are detected during works and are not listed in the inventory, the intervening company must immediately inform the client. Works must be stopped in all potentially contaminated areas. Access is prohibited until the materials have been analysed, the inventory and management plan updated, and the work plan adapted if necessary.
When is an Asbestos Inventory Mandatory?
The destructive asbestos inventory is required in the following cases:
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Before any renovation, transformation or demolition work on a building constructed before 2001, the year in which the use of asbestos was banned in Belgium. (no size criterion))
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To protect workers from the risks of exposure to asbestos fibres during works likely to release them.
- In the Brussels-Capital Region and Wallonia, this obligation is governed by regional and federal legislation, in particular the Royal Decree of 16 March 2006 (as amended) on the protection of workers against asbestos and the Walloon Government Decree of 17 July 2003. In Flanders, similar provisions apply via VLAREM.
Who is Concerned?
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Clients, employers, property managers or co-ownership syndicates: Any person or entity planning works on a building constructed before 2001 must have a destructive asbestos inventory carried out.
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Employers: They are legally required to protect their workers by providing an asbestos inventory before the start of works, in accordance with the Well-Being at Work Code (Book VI, Title 3)..
- Private Individuals: Although the inventory is not required for private use without works, private individuals must provide a destructive inventory to the contractor before any works, to ensure the safety of those involved.
Procedure and Validity:
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Execution: The inventory must be carried out by an accredited expert or laboratory, which conducts thorough inspections and destructive sampling for laboratory analysis.
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Compliance: It must comply with regional and federal technical requirements, in particular those of the Well-Being at Work Code and regional regulations (e.g., inventory models in Wallonia or Brussels).
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Validity: The inventory is valid for one year. It must be updated in the event of changes to the condition of asbestos-containing materials (removal, deterioration, new discovery, etc.).
Consequences in the Event of Unexpected Discovery:
If asbestos is discovered during works and was not recorded in the initial inventory, the following measures are required:
- Immediate stoppage of works in the affected area.
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Prohibition of access to the area until risk assessment.
- Update of the inventory by an accredited expert before resumption of works.
Summary of Obligations:
Situation | Type of Inventory Required | Legal Obligation |
Normal use (employer building) | Non-destructive asbestos inventory | Mandatory (since 1995) |
Before works, renovation, demolition | Destructive asbestos inventoryMa | Mandatory (all regions) |
Private individuals (no works) | None | Recommended for information |
Private individuals (before works) | Destructive inventory to provide | Mandatory for the contractor |
Conclusion:
The destructive asbestos inventory is an essential legal step before any works on a building constructed before 2001 in Belgium. By ensuring worker safety and compliance with federal and regional regulations, it helps prevent asbestos-related risks and ensures peace of mind for renovation or demolition projects. For optimal implementation, consult an accredited expert as soon as you plan your works.
Regulatory Framework:
Asbestos inventory obligations are defined by:
• The Royal Decree of 12 February 2023, amending Title 3 of Book VI of the Well-Being at Work Code (federal).
https://etaamb.openjustice.be/fr/nl/arrete-royal-du-12-fevrier-2023_n2023200641.html
https://etaamb.openjustice.be/fr/arrete-du-gouvernement-de-la-region-de-bruxellescapit_n2008031254
Additional Information:
• Regulations for asbestos removal and encapsulation sites in the Brussels-Capital Region: consult the Brussels Environment website.
https://environnement.brussels/pro/reglementation/obligations-et-autorisations/chantiers-denlevement-et-dencapsulation-damiante
• List of accredited companies for these works: available on the Federal Government website.
https://emploi.belgique.be/fr/agrements/agrement-amiante-entreprises-agreees-pour-des-travaux-de-demolition-et-retrait-damiante