Asbestos inspection: what obligations apply in Switzerland?
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Several situations may require you to carry out an asbestos inspection in a building. Since the ban on this mineral fibre in construction in Switzerland on 1 March 1990, due to the health risks associated with its use, verifying the presence or absence of asbestos in a property is mandatory in certain cases and strongly recommended in others. So, what do you absolutely need to know about asbestos and inspections?
The obligation to carry out an asbestos inspection before works
In Switzerland, asbestos testing through a technical inspection is mandatory in one specific case: before undertaking renovation, conversion or demolition works on a building constructed (or renovated) before 1 January 1991. This applies to interventions subject to administrative authorisation, with the request being valid only if it includes an asbestos inspection report.
Introduced in 2009, this obligation aims to protect professionals required to work on site. The production of an asbestos inspection falls under the responsibility of the property owner or manager, but also of the contractors in charge of the works, so that they can take all necessary precautions. In the event of suspected asbestos or other hazardous substances, the Ordinance on the Safety and Health Protection of Workers in Construction Work requires the employer to assess risks and protect the health and safety of employees. Failure to comply may result in civil liability.
For a reliable asbestos control, the inspection must be carried out by a certified inspector recognised by the Swiss Asbestos Forum, focusing on the specific area concerned by the authorised works. The inspection includes a visual assessment (examination of materials present), sampling and laboratory analysis, as well as the drafting of a detailed report.
Asbestos control: a recommended inspection for sales and normal use
In addition to the legal obligation, carrying out an asbestos inspection is recommended in two situations:
- In the event of selling a property built or renovated before 1991. Increasingly, notaries require owners to carry out an asbestos check through a dedicated inspection, in order to protect themselves against potential claims from buyers under the hidden defects clause. If buyers detect the presence of asbestos within five years of the sale, they are entitled to have the asbestos removal and safety works financed by the former owner.
- For the normal use of a dwelling built or renovated before the ban, in order to assess the exposure risks for occupants and/or those responsible for maintenance and upkeep. For example, a tenant may request an asbestos inspection from their landlord to be informed of the risks associated with daily use of the premises.
In conclusion, asbestos inspections are mandatory in the case of building works, and optional in the context of a property sale or during the normal use of a dwelling – but only for buildings suspected of containing this toxic substance. To find out more, check the real estate obligations specific to your canton.
Frequently asked questions about asbestos inspections in Switzerland
In which cases is an asbestos inspection mandatory in Switzerland?
It is mandatory before any renovation, conversion or demolition works in a building constructed or renovated before 1 January 1991. This obligation, in force since 2009, applies to works requiring administrative authorisation.
Who is responsible for performing an asbestos inspection?
The inspection must be performed by a certified inspector recognised by the Swiss Asbestos Forum. The responsibility for commissioning and providing this inspection lies with the property owner, but also with the contractors in charge of the works, in order to ensure worker safety.
Is an asbestos inspection required when selling a property?
The law does not impose it, but it is strongly recommended for buildings constructed or renovated before 1991. Increasingly, notaries require it to avoid potential claims under the hidden defects clause: if asbestos is discovered within five years of the sale, the buyer may demand that the former owner finance the asbestos removal.
Can a tenant request an asbestos inspection?
Yes. In the context of the normal use of a dwelling, a tenant may request their landlord to carry out an inspection in order to be informed of the risks of exposure linked to daily use of the premises.
Why is an asbestos inspection essential?
Because it protects:
Construction professionals during works
Occupants or users of an older property=
Sellers and buyers in a real estate transaction
What are the penalties for non-compliance?
A property owner or employer who fails to meet their obligations may face civil liability. In the event of endangering workers, they are also exposed to legal sanctions and heavier remediation costs.
