The regulations surrounding asbestos certificates have evolved significantly in recent years. An important distinction made explicitly since July 2024 is that between common parts and commonly used parts. As of May 1, 2025, new obligations will apply to the latter category. What exactly does that mean?

Common parts are the parts of a co-owned building, such as in apartment buildings where several owners have a share in the common areas (for example, the entrance hall, stairwell or elevator). These situations require an asbestos certificate for common parts. This requirement takes effect on Jan. 1, 2027, but already applies now if such a certificate has already been voluntarily prepared.
Commonly used parts are parts of a building owned by one person, but shared by multiple users, such as tenants or residents. Think of buildings with student rooms, co-housing projects, or a residence with practice space. Here, there is no co-ownership, but there is shared use. In these cases, from May 1, 2025, a separate asbestos certificate for shared-use parts will be required upon transfer.
When a pre-2001 building is sold and the building is divided into multiple units of use (called inspection areas), such as multiple apartments, rooms or commercial areas, a separate asbestos certificate must be prepared for each unit of use. In addition, a separate asbestos certificate is also required for the jointly used parts. This obligation applies from May 1, 2025, to buildings that are shared-use, regardless of whether there is co-ownership.
If the building is not divided into different inspection areas, one general asbestos certificate for the entire building will suffice, but only as of Jan. 1, 2027.
The requirement to provide an asbestos certificate for common parts enters into force on January 1, 2027, and for commonly used parts it is May 1, 2025. Given the expected pressure on the number of licensed asbestos experts as those dates approach, it is advisable not to wait. For more information on this subject, you can always contact Andersen’s Real Estate team.
For a comprehensive overview of the legislation governing the real estate sector in Flanders and Brussels, you can consult the new “Vastgoedcodex”, published in collaboration with KnopsPublishing.
Buy a copy (print or download – Dutch) here: https://nl.knopspublishing.be/shop/boeken/burgerlijk-recht/vastgoedcodex-vlaanderen-brussel-2025-2026/
The Real Estate team at Andersen is here to support you. Should you have any questions on this subject, please do not hesitate to contact our specialists at info@be.Andersen.com or +32 2 747 40 07.
I am looking for a specialist in

08.01.2026
•Sustainability
In an ideal world, every company operates sustainably, every company produces in a CO₂-neutral way, every company respects human rights throughout its value chain, and every company is fully transparent about its sustainability impact on its direct and indirect environment. Companies generate strong profits, and shareholders are satisfied stakeholders who share in these generous returns.

06.01.2026
•Real Estate, Renting and Co-ownership
On 1 January 2026, new rules on personal securities will enter into force. Under these rules, a third party undertakes, if necessary, to guarantee payment of the debtor’s debt vis-à-vis the creditor. Although the legislator has also reviewed other forms of personal security, suretyship remains the cornerstone of all personal securities.

17.12.2025
•Commercial and Economic Law
As of 1 January 2026, all companies subject to VAT obligations have to issue their B2B invoices via the Peppol network. For the sake of completeness, Peppol enables businesses and public authorities to exchange invoices securely and in a standardized manner via accredited access points. As from that date, PDF invoices and paper invoices will no longer be legally valid.

08.12.2025
•Urban Planning and Environmental Law
Permit applications must be handled fairly: applicants for urban and environmental permits may not submit new technical studies or other important documents when the parties concerned are no longer able to review or comment on them in a timely manner. Yet this practice is commonplace, much to the frustration of many applicants and their legal counsels. In a judgment of 23 October 2025, the Council for Permit Disputes (CPD) now puts an end to this.