Real estate diagnosis: asbestos condition or "asbestos diagnosis"

You must have an asbestos diagnosis in case of sale of a detached house whose building permit has been issued before 1^er july 1997.

This obligation applies to both individuals and legal persons owners of real estate.

Diagnosis should be made by a diagnoser responding to certain criteria, including certification.

It is possible to use a directory to search for a certified diagnoser:

Search for a certified real estate diagnoser or check the certificates of its diagnoser

The cost of asbestos diagnosis is not regulated : the price may therefore vary from one professional to another.

This cost is borne by the owner-seller.

The diagnoser must identify materials and products of List A and List B.

The asbestos diagnosis covers materials and products visible and accessible at the time of identification.

This identification gives rise to a report.

You need to build a folder called Asbestos - Private Parts File (DAPP) , which includes this report.

In addition, this dossier must include information on the health risks and the need to intervene in the event of abnormal wear or degradation of materials containing asbestos.

The diagnoser gives you the different reports.

You must integrate these reports into the technical diagnostic record (DDT).

You must give the DDT to the purchaser at the time of signing the promise to sell or, in its absence, at the time of signing the authentic deed of sale.

Depending on the state of preservation of materials or products containing asbestos, the report of the trader may provide for the following measures:

• Periodic evaluation the state of preservation of materials or products containing asbestos. When materials from List A are classified for periodic monitoring, a new assessment must be carried out within a maximum period of 3 years. For list B materials, the regulations do not set mandatory periodicity (monitoring depends on their condition and any deterioration observed).
• In-depth risk analysis, in particular by means of air samples to determine the quantity of asbestos fibers
• Corrective actions and precautionary measures (e.g. restriction of access to certain areas of the dwelling) up to containment or asbestos removal works.

These measurements must be carried out by a company qualified to intervene on materials or products containing asbestos.

The asbestos diagnosis has a duration of unlimited validity.

However, it is recommended that a new diagnosis be made before a sale if renovation works have been carried out in the dwelling. Indeed, these works may reveal materials or products containing asbestos that were not visible when the previous diagnosis was made.

Yes, the presence of asbestos does not prevent the sale, but the future buyer must be aware of it before buying.

When the purchaser is informed of the presence of asbestos and buys the property as it is, he cannot apply to the court for the cancelation of the sale on this ground alone. In addition, by purchasing the property, the purchaser assumes the obligations associated with the presence of asbestos, at his own expense (for example, asbestos removal works).

Penalties vary depending on who is involved: