Independent asbestos measurement measures are strongly discouraged, as asbestos has a high hazard potential and various factors must be taken into account when working with asbestos. Personal protection is always paramount. In addition, there are a large number of regulations that must be complied with when disposing of asbestos.
Asbestos is a naturally occurring fibrous mineral with a fiber diameter of less than 2 micrometers. The fibers have a high chemical and thermal stability and were therefore used in many different ways. However, as early as the 1930s, it was discovered how harmful contact with asbestos is to health and the use of asbestos was banned in Germany in 1993.
Occurrence of asbestos in the home – examples
Asbestos can be found in many places in the home. On the one hand, there is asbestos cement, which was used in roof tiles, window sills or even flower boxes, for example. It can also be found in floor tiles, especially in houses built in the 1960s. A distinction is made between firmly bound and loosely bound asbestos. Asbestos cement, for example, is firmly bound, whereas sprayed asbestos insulation boards are loosely bound. The big problem here is material fatigue, as these containers become brittle over time and can release fibers into the environment.
Year of construction as an indication
Since asbestos was banned in 1993, one might be inclined to believe that the year a house was built can be an indication of asbestos exposure. But is it that simple? The answer is certainly not that simple.
Of course, an older year of construction is an indication that an asbestos inspection should be carried out. However, the question arises for every house: who carried out which conversion work?
If all construction work has been carried out and documented by specialist companies, an assessment is easy.
Asbestos was used particularly frequently in house construction in the years 1960-1990. Properties built in this period are very likely to have building elements made of asbestos. However, this must always be checked and clarified on a case-by-case basis. It is not possible to make a general statement about the most susceptible year of construction.
Asbestos is often difficult to recognize from the outside, especially for laypeople. Only a material analysis can provide clear clarity. This is where GSA can provide support. Our measurement technicians will be happy to advise you on the appropriate measurement method, e.g. with our SG12. For an individual consultation, please contact us here.
Legal regulations
Purchase contracts often contain the clause “Exclusion of liability for defects”, which is intended to exclude any subsequent liability on the part of the seller. This clause is intended to give the seller security and protect against subsequent claims. However, if asbestos is discovered after the house has been purchased, the question arises as to whether such a clause is still effective. However, asbestos is an objective and disclosable defect that is not covered by this clause. In such a case, the seller is obliged to notify the buyer if he is aware of the defect. If this is not the case, the buyer must bear the costs of removal.
Legal regulations in this context can be found in a ruling by the Federal Court of Justice. This case concerned asbestos in the exterior façade. Although it could not be assumed that material from the façade would enter the living space without any influence, the court ruled that it could be assumed that the façade would be worked on or drilled into by non-professionals. Asbestos would then be released and become a hazard. The court therefore ruled that the seller should have informed the buyer of this exposure in advance and that an exclusion of liability clause was invalid (see BGH, judgment of 27.03.2009 – V ZR 30/08).
Sources:
[1]: https://www.test.de/Asbest-Richtig-sanieren-1793996-2793996/
[2]: http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&nr=47833&pos=0&anz=1
[3]: https://blog.rathscheck.de/wann-wurde-asbest-verbaut
[4]: https://www.schadstoff-kompass.de/sanierung/schadstoffe-bei-der-sanierung-erkennen/
[5]: https://www.immonet.de/umzug/wissenswertes-rechtliches-mietrecht-urteil-der-woche-asbestos.html
[6]: http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&Datum=2009-3&nr=47462&linked=pm&Blank=1
[7]: https://blog.rathscheck.de/was-geschieht-wenn-nach-dem-hauskauf-asbest-entdeckt-wird
[8]: https://blog.rathscheck.de/wann-wurde-asbest-verbaut