The Flemish Government (one of the 3 Regions in Belgium) aims to make Flanders asbestos-safe by 2040. Since 2022, an asbestos certificate has been mandatory for the sale of properties built before 2001. To obtain such a certificate, an asbestos inventory must first be conducted by a certified asbestos expert. But are these experts required to be insured? How long can they be held liable? Are there hidden issues? This blog sheds new light on these questions.
Since 2022, an asbestos certificate issued by OVAM (the Public Waste Agency) has been mandatory when purchasing buildings. OVAM only issues such certificates based on an asbestos inventory drawn up by a certified asbestos expert (a professional who has completed the required training, passed exams, and meets the necessary legal requirements).
MANDATORY INSURANCE
Asbestos experts can be held liable for their mistakes. Therefore, professional liability insurance is legally required for certified asbestos experts. This is not only a condition for certification: since 2019, all intellectual professions in the construction sector must have professional liability insurance.
Asbestos experts must remain insured even after ceasing their activities. Specifically, they must be covered by their professional liability insurance for up to three years after stopping their operations.
WHAT DOES THE INSURANCE COVER?
The professional liability insurance covers all claims made during the term of the insurance contract and related to damages that occurred during the insured period. Even up to 36 months after the insurance ends, damage cases may still be covered by this insurance. There are two specific situations in which the insurance provides coverage even after the contract has ended:
- Damage that occurred during the term of the professional liability insurance, provided the risk is not covered by another insurance company;
- Acts or facts that may give rise to damage that occurred during the duration of the professional liability insurance and were reported to the insurance company.
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