Question 8575 — housing

Summary

Mrs Claire Lejeune alerts the Minister to the Minister of Regional Planning and Decentralization, responsible for housing, on the costs relating to the elimination of domestic materials containing asbestos, following the questioning of a resident of her constituency. Widely used in construction for its insulating, fire protection and resistance properties, asbestos is a fibrous material from which it has been demonstrated that inhalation had serious consequences on health, particularly for the lungs, and could cause cancer. Since the publication of Decree No. 96-1133 of December 24, 1996 concerning the risks linked to asbestos, any marketing or transfer of all varieties of asbestos fibers and any product containing them is prohibited. This general ban on the use of asbestos from January 1, 1997 was implemented accompanied by a dense legislative arsenal. Thus, article L. 1334-12-1 of the public health code requires owners of built buildings to carry out an asbestos search, to establish a diagnosis of the state of conservation of the asbestos detected but also to implement “the necessary measures to control and reduce exposure” to asbestos materials. Article R. 1334-29 of the same code specifies that “the removal work or containment [...] are completed within thirty-six months from the date on which the identification report or the results of the dust measurements or the last assessment of the state of conservation are given to the owner. » If the principles governing the necessary corrective measures provided for by the public health code appear clear, the regulatory particularities for carrying out the withdrawal of some asbestos materials can be very expensive for individuals. In this case, the case of asbestos sheets is an illustration. Indeed, considered particularly dangerous in the event of breakage or cutting, managing the removal of asbestos sheets requires the systematic intervention of a professional. Case law having repeatedly assimilated the individual to a project owner in the case of carrying out work related to the removal of asbestos, these are subject to various obligations and in particular those of the labor code, regarding the management of the removal of asbestos materials. Concretely, they are obliged to use a “Qualibat 1552” approved company, to provide the packaging and regulatory labeling and to pay for the transport of these sheets to a hazardous waste storage facility (ISDD) or in approved recycling center in case of limited volume. Thus, the cost of a removal operation including asbestos diagnosis, removal of sheets, disposal and treatment of waste can represent several thousand euros for a private owner. If aid from the National Housing Agency (ANAH) exists and can support the removal of asbestos materials, this is conditional on the completion of a project of overall renovation and therefore cannot be deployed specifically for the removal of these materials. Finally, the very high costs of these withdrawals as well as the practical conditions of transport of sheets which can measure several meters can be so dissuasive for individuals that they encourage "wild dumping" or storage in inappropriate conditions which can lead to serious consequences both for the health of the people and the environment. The removal of asbestos materials being considered by the State as a public health imperative, the disproportionate costs for an individual for carrying out these operations are an obstacle that the State should remove. Thus, she questions him on the measures that the Government intends to take regarding the financial responsibility for the removal of asbestos materials for individuals.

Machine translation from French. The official text remains authoritative.

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