Asbestos Diagnosis & Reports in French Property

In French real estate, an asbestos diagnosis is required before renting, renovating, demolishing, or selling a property in France. As a mandatory property inspection, it must be performed by a certified professional.

Type of Property Concerned

Any asbestos real estate diagnosis is determined by the property’s building permit date, as with the lead diagnosis (CREPS). It applies to properties with building permits issued before July 1, 1997, the date Decree No. 96-1133, banning asbestos, came into effect.

Different Types of Asbestos Diagnoses

The asbestos real estate diagnosis is a public health issue due to the material’s high toxicity. Asbestos was widely used in French real estate until its ban in 1997; it’s called amiante. It is highly carcinogenic and responsible for severe illnesses, particularly lung cancer. You can learn more on the Service Public website.

As part of a property sale, a pre-sale asbestos diagnosis must be carried out in accordance with the French Public Health Code (Art. L1334-13) and the Construction and Housing Code (Arts. L271-4 to L271-6). The asbestos inspection report and the asbestos-containing materials report are included in the Technical Diagnostic File (DDT) attached to the Compromis de Vente (preliminary sales agreement).

The DTA (Technical Asbestos File) covers the common areas of collective residential buildings and the private areas of buildings intended for non-residential use. A summary sheet of the DTA or the common areas inspection report must be included in the DDT in the event of a sale of this type of property.

In the context of a rental, a DAPP (Asbestos Diagnosis for Private Areas) must be carried out at the owner’s initiative and made available to the occupants.

For construction or renovation work, a certified diagnostician must conduct a DAAT (Asbestos Diagnosis Before Works) or a DAAD (Asbestos Diagnosis Before Demolition) to prevent workers from being exposed to asbestos.

Which Materials Are Searched?

The asbestos diagnostician must prepare a report identifying asbestos-containing products and materials listed in Annex 13-9, Lists A and B, of the French Public Health Code. The asbestos inspection concerns, on the one hand, insulation, sprayed coatings, and suspended ceilings (List A), and on the other hand, certain hard construction materials (sprayed coatings, floor tiles, composite panels, etc., listed in List B).

What is the Diagnostic Methodology?

The asbestos inspection is carried out in the private areas of the property relevant to the sale. The asbestos diagnostician visually searches for and identifies materials and products within the scope of the inspection. 

This inspection of building components is performed without destructive testing. However, investigations by the asbestos inspection operator may include qualitative analysis. To confirm if a material or product in the inspection scope contains asbestos, the diagnostician must collect a sample and send it to an accredited laboratory for testing. 

What is the Validity Period of an Asbestos Diagnosis?

The asbestos diagnosis remains valid indefinitely if no asbestos is found. However, if renovations have been made since the last inspection, a new asbestos check is recommended before a property sale. Additionally, any diagnosis conducted before April 1, 2013, must be renewed when selling a property.

Who Carries Out the Asbestos Diagnosis?

The asbestos diagnostician must have certified expertise in the construction sector and remain independent and impartial. They must not be associated with you, your representatives, or any company involved in organising or performing asbestos removal or containment work. They must carry professional insurance to cover any liabilities resulting from their work.

What if Asbestos is Found on my French Property?

The professional’s report may recommend some of the following measures:

• Periodic assessment of the condition of asbestos-containing materials or products. When List A materials are subject to periodic monitoring, a new assessment must be conducted within 3 years. For List B materials, regulations do not impose a mandatory periodic schedule (monitoring depends on their condition and any observed deterioration).
• In-depth risk analysis, particularly through air sampling to determine asbestos fibre concentrations.
• Corrective actions and precautionary measures (for example, restricting access to certain areas of the property), potentially including asbestos containment or removal work. 

These measures must be carried out by a professional working in the construction sector.

Penalties if the Diagnosis isn’t Provided or is Incorrect

This varies depending on the parties involved, such as a private seller, a professional conducting the diagnosis, or a French notary:

For a Private Seller

The vendors‘ liability may be engaged if they fail to provide the asbestos diagnosis. In addition, if they do not provide the asbestos diagnosis, they cannot include in the deeds of sale (acte authentique) a clause exempting them from the warranty against hidden defects.

The buyer can bring the matter to the court with jurisdiction over the property to seek damages. The sellers may also be fined €1,500 if they use a diagnostician who is not certified to carry out the diagnosis.

For the Asbestos Specialist

If the buyer finds asbestos in the property, even if it was not detected at the time of sale, they can hold the professional who performed the diagnosis responsible. Additionally, the expert may face a €1,500 fine for working without certification, increasing to €3,000 for repeated violations. 

For the Notary

The notary’s liability could be triggered if they approved the sale without the asbestos diagnosis report. Additionally, their liability may be invoked if they knew about misleading information that could deceive the buyer. The buyer has the right to seek damages in court.

Learn about Property Diagnosis in France

You may also be interested in reading our articles covering Gas Inspections and Electrical Diagnostic legal requirements. To learn more about buying property in France, visit our blog for guides and expert advice.