Section 2: Combating the presence of asbestos

The owners, or failing that the operators, of built-up buildings shall have them inspected for the presence of asbestos; if asbestos is found to be present, they shall have a diagnosis made of the state of conservation of the asbestos in the materials and products identified and, where necessary, implement the measures required to control and reduce exposure.

A statement mentioning the presence or, where applicable, the absence of building materials or products containing asbestos is produced when a built property is sold, in accordance with the terms and conditions set out in articles L. 271-4 to L. 271-6 of the French Construction and Housing Code.

The bodies carrying out the surveys and inspections provide the ministers responsible for health and construction and the representative of the State in the département with the information required to monitor the state of the building stock and the information required for risk management. The results of the data collected for the purpose of monitoring the housing stock are made available to the public by the Minister for Health in…

The representative of the State in the département may give formal notice to the owner or, failing this, the operator of a built property: 1° To implement, within a fixed period, the necessary measures in the event of non-compliance with the obligations laid down in article L. 1334-12-1; 2° To have an expert assessment carried out, within a time limit set by the operator, to determine the necessary measures or…

In an emergency, the representative of the State may: 1° Have the owner or, failing that, the operator of the building concerned carry out, at the owner’s or operator’s expense, the surveys and diagnoses referred to in article L. 1334-12-1 or the expert appraisal referred to in 2° of article L. 1334-15; 2° Set a deadline for carrying out the protective measures required to stop exposure to asbestos. If these…

If, on expiry of the deadline set in the formal notice pursuant to article L. 1334-15, the owner or operator of the built property has not implemented the prescribed measures or has not had an expert report carried out to determine the necessary measures or to verify them, the representative of the State in the département may, in the event of a serious health hazard, suspend access to and the…

If the population is exposed to asbestos fibres as a result of human activity, the representative of the State in the département may, in the event of a serious health hazard, order the implementation of measures to assess and stop the exposure, within a timeframe set by the representative of the State. If the person responsible for the emitting activity fails to do so, the representative of the State in…

The conditions for the application of this section are determined by decree in the Conseil d’Etat, and in particular: 1° The buildings and products and materials concerned; 2° The procedures for carrying out the surveys; 3° The conditions that must be met by the organisations carrying out the surveys and inspection operations, and the procedures for monitoring compliance with these conditions; 4° The nature of the measures to be taken…