Section 6.
Materials containing asbestos


Subsection 6.1.
General provisions


Article 33/1.

It is prohibited to attach structures such as solar panels, overhanging roofs and advertising panels to or over roof and facade cladding containing asbestos. It is also prohibited to enclose or cover roof and wall cladding containing asbestos with other materials.


Article 33/2.

It is forbidden to clean or de-moss roof and wall cladding made of asbestos cement.


Article 33/3.

The Government of Flanders can lay down further rules for the management of rainwater run-off from an asbestos cement roof or facade cladding in order to minimise the impact on people and the environment.


Article 33/4.

The Government of Flanders can make compulsory the issue of a receipt for the delivery of asbestos-containing household waste to a natural person or legal person who, in accordance with Article 11, holds a permit for the disposal of the waste or to a registered waste trader or broker as stated in Article 13. 


The Government of Flanders can lay down further rules regarding the content and the issue of the proof of delivery, stated in the first paragraph.
 


Subsection 6.2.
Obligation to remove asbestos-containing materials


Article 33/5.

Every owner of a public construction with a risk construction year is obliged to remove the following asbestos-containing materials from his construction with a risk construction year by 1 January 2034:

all easily accessible non-bonded asbestos-containing materials with the exception of asbestos-containing plaster on walls that poses a low risk as stated in Article 33/6, third paragraph;
all easily accessible non-bonded asbestos-containing materials with the exception of asbestos-containing plaster on walls that poses a low risk as stated in Article 33/6, third paragraph;
2° all roof and facade cladding, gutters, flue gas ducts and rainwater drainage channels consisting of asbestos cement if they are located on the outside.

  
For public constructions with a risk-construction-year for which the owner must have an asbestos inventory certificate in accordance with Article 33/9, this certificate proves whether or not the obligation stated in the first paragraph has been met. For the other constructions with a risk year of construction, the Government of Flanders can determine how compliance with this obligation can be demonstrated. 


The Government of Flanders can grant a postponement for a maximum period of two years for the implementation of the obligation stated in the first paragraph, both for certain target groups and for certain categories of structures with a risk year of construction.


The Government of Flanders can determine that a postponement can be obtained until 2040 if it is demonstrated that the obligation stated in the first paragraph cannot be met without endangering public health or safety. The Government of Flanders determines the conditions and modalities of the application for this.


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Article 33/7.

While maintaining the application of Articles 33/5 and 33/6, the owner of a structure shall always dispose of all asbestos-containing materials that have become easily accessible through the work through the appropriate channels during maintenance, repair or dismantling work in structures.


Article 33/8.

The OVAM may decide to dismantle, collect, transport or process materials containing asbestos. The Government of Flanders can make an arrangement or conclude an agreement for the disburdening, pre-financing and financing thereof by OVAM.


Subsection 6.3.
Asbestos inventory


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