Asbestos in a rented dwelling: landlord's obligations
Asbestos detected in your rented dwelling in Belgium? Landlord's obligations, tenant's rights, asbestos inventory and removal procedure.
- 01 The situation
- 02 Legal framework
- 03 What to do
- 04 Advice
Asbestos in a rental: the situation
Asbestos was widely used in construction in Belgium until the 1990s. The affected materials include: vinyl-asbestos floor tiles, pipe insulation, roofing sheets (Eternit), boiler gaskets, suspended ceilings.
For buildings constructed before 1998, the probability of asbestos being present is high. The problem only arises when materials are degraded (broken, crumbling, pierced), as it is the release of fibres into the air that is dangerous.
In Marc’s case, the vinyl-asbestos tiles are crumbling — this is a high-risk situation requiring intervention. The tenant has reported the issue and is awaiting a response from the landlord.
Non-friable asbestos in good condition (intact tiles, undamaged roofing sheets) does not pose immediate danger. The risk only appears during degradation, perforation or handling of the materials.
Legal framework in Belgium
Regulations
The Royal Decree of 16 March 2006 on the protection of workers against asbestos-related risks applies primarily to workplaces. For residential dwellings, there is no specific obligation for an asbestos inventory before letting.
However:
- The landlord has a general duty of safety (article 1719 of the Civil Code: to deliver a property in good condition)
- The landlord must inform the tenant of known asbestos presence
- Works involving asbestos-containing materials must be carried out by an approved professional
Regional standards
| Region | Mandatory inventory (residential) | Mandatory removal |
|---|---|---|
| Brussels | No | If dangerous deterioration |
| Wallonia | No | If dangerous deterioration |
| Flanders | Yes (asbestos certificate mandatory for sale since 2022, letting in due course) | If dangerous deterioration |
In Flanders, the asbestos certificate (asbestattest) will progressively become mandatory for letting. Consult the landlord’s obligations for details.
What to do in practice
For the landlord
- Do not intervene yourself: never break, drill or handle a suspect material
- Have it analysed by an approved laboratory (cost: 50-150 EUR per sample)
- Assess the condition: intact material (monitoring) or degraded (intervention)
- If degraded: call in an approved asbestos removal firm
- Inform the tenant in writing of the results and measures taken
- Keep the reports of analysis and works
For the tenant
- Report any suspect material to the landlord in writing
- Do not touch the materials concerned
- If the landlord does not respond: formal notice by registered letter
- If there is immediate danger: contact the municipal housing department
- As a last resort: refer to the justice of the peace to order the works
The cost of asbestos removal is entirely borne by the landlord (structural works). A rental management software helps track reports and interventions.
Advice
Before letting
- Have an asbestos inventory carried out by a professional if the building dates from before 1998
- Mention the presence of asbestos in the lease (transparency = legal protection)
- If the asbestos is in good condition, simple monitoring suffices (no mandatory works)
During the lease
- Prohibit drilling works by the tenant in the at-risk areas
- Plan an annual visual inspection of the affected materials
- Document the condition of the materials (dated photos)
To include safety clauses in your lease, use our online lease generator. For other specific situations, see our case studies.