Mandatory Asbestos Diagnosis

The confusion between “mandatory” and “recommended”: a real risk

One of the most common sources of error in asbestos diagnosis is the confusion between situations where the law imposes a formal obligation and those where the diagnosis is simply advisable. This confusion has direct consequences: property owners wrongly believe they are protected because they had a diagnosis carried out before selling a property, when they should have had one before works — and conversely, buyers think a pre-purchase diagnosis is “only” recommended and neglect to request it.

In Switzerland, asbestos diagnosis is governed by two distinct legal regimes: the binding legal obligation in the context of works, demolition and employment, and the strong recommendation in the context of property transactions and preventive asset management.

Summary table: mandatory or recommended?

Good to know: The absence of a formal legal obligation in a given situation does not mean the absence of legal risk. A seller who does not disclose known asbestos presence may be sued under the CO. A property owner whose tenants are exposed to degraded asbestos-containing materials may be held liable. Voluntary diagnosis is often the best protection against these risks.

The Swiss legal framework in detail

The ORRChim — the ban since 1990

The Ordinance on the Reduction of Risks from Chemical Products (ORRChim, RS 814.81) has prohibited, since 1 March 1990, the placing on the market of any material or product containing asbestos in all its forms. This prohibition is absolute and without exception in the construction sector.

It does not retroactively affect asbestos-containing materials already in place in existing buildings: these may legally remain in place if they are in good condition and present no immediate risk. But as soon as an intervention is planned, the obligations described below apply.

The LPE and OMoD — special waste and traceability

The Federal Act on Environmental Protection (LPE, RS 814.01) and the Ordinance on the Movement of Waste (OMoD) classify asbestos-containing materials as special waste. These texts require:

• Source separation of asbestos-containing materials on construction sites
• Disposal through licensed channels for special waste
• Documented traceability via mandatory tracking documents
• Joint responsibility of the client and the construction company

These obligations apply whenever asbestos-containing materials are removed — whether in the context of works, demolition or a disaster.

The OTConst — the central pillar of worker protection

The Ordinance on Construction Work (OTConst, RS 832.311.141) is the text most directly applicable to asbestos diagnosis. Its key provisions:

• Article 3: employer’s obligation to verify before any construction site the presence of hazardous substances in the zones affected by the works
• Article 46: specific provisions on working in the presence of hazardous substances, including asbestos
• Scope: all buildings constructed or significantly renovated before 1 March 1990, all types of work, all types of clients

CFST Directive 6503

The Federal Coordination Commission for Occupational Safety (CFST) published Directive 6503 on working in the presence of asbestos. This technical document, directly applicable under Swiss law, defines:

• The conditions under which work may be carried out on asbestos-containing materials
• The required protection levels according to the type of material (friable/non-friable) and intervention
• The qualifications required for workers according to risk level
• Hygiene, decontamination and air monitoring measures

Violation of CFST Directive 6503 constitutes an infringement of occupational safety rules and may be prosecuted.

Suva and its recommendations

Suva (the national accident insurance organisation) publishes complementary guidelines on recognising and managing asbestos in buildings. These documents are essential technical references for diagnosticians, decontamination companies and clients. Suva may be involved in site inspection and control procedures.

Specificities of the canton of Geneva

Obligation even without building authorisation

One of the most important Genevan particularities: the asbestos verification obligation applies even for works that do not require a building permit application. Routine maintenance, technical maintenance or restoration work on old buildings triggers the same obligation as a permitted project.

In practice, any client commissioning companies on an old building construction site must ensure prior diagnosis, regardless of the administrative nature of the site.

The role of SABRA

The Air, Noise and Non-Ionising Radiation Service (SABRA) is the Geneva competent authority for indoor air pollution and decontamination site control. Its powers include:

• Processing decontamination site files
• Receiving prior notifications of work on asbestos-containing materials
• Organising unannounced site inspections
• Monitoring air measurements during and after decontamination works

Prior notifications and unannounced inspections

Decontamination sites in Geneva are subject to strict prior notification rules with the competent authorities. Unannounced inspections may be carried out by SABRA or the labour inspectorate during work. Non-compliance with procedures may result in immediate site stoppage.

Cantonal programme for public buildings

The canton of Geneva has initiated a programme to survey and remediate asbestos in cantonal public buildings. This programme illustrates the proactive approach of Geneva authorities to the asbestos issue and their level of exigence towards other stakeholders.

Specificities of the canton of Vaud

Report submitted with building permit

In the canton of Vaud, the asbestos diagnostic report must be submitted with the building permit application for any renovation project on a building predating 1991. This requirement is systematically verified during application processing.

3-year validity

Vaud cantonal practice retains a validity period of 3 years for an asbestos diagnostic report, provided no significant modification of the building has occurred between the date of the report and the date works commence. Beyond this period, or in the event of a change in the scope of works, a new diagnosis is required.

The cantonal list of FACH diagnosticians

The canton of Vaud maintains a cantonal list of FACH-recognised diagnosticians, accessible on the official portal vd.ch. Communal and cantonal authorities systematically verify that the commissioned diagnostician is registered on this list. A report produced by an unrecognised professional may be refused.

Additional requirements for major projects

For major renovation or demolition projects, a remediation plan drawn up by a FACH level 2 expert may be required in addition to the diagnostic report. This plan specifies intervention methods, decontamination scheduling, protection measures and the waste management plan.

Sanctions: three levels of consequences

Administrative sanctions

The labour inspectorate (SECO or cantonal inspectorates) has a range of immediate administrative measures:

• Site stoppage: can be ordered immediately when an infringement is found — absence of diagnosis, work on asbestos-containing materials without precautions, etc. The site stoppage suspends all works until the situation is regularised, incurring significant extra costs related to delays, contractual penalties and emergency mobilisation costs.
• Refusal or withdrawal of building permit: construction authorities may refuse to issue a permit or withdraw one already granted if asbestos obligations are not met.
• Regularisation orders: obligation to have the diagnosis carried out within set deadlines, under penalty of further sanctions.
• Referral to professional oversight bodies: in the event of professional misconduct by an architect or engineer, referral to the relevant professional association is possible.

Warning: A mid-construction site stoppage generally costs far more than a preventive diagnosis, due to the extra costs related to delays, emergency mobilisation of a decontamination company, unplanned treatment of asbestos waste, and contractual penalties towards companies and future occupants.

Criminal sanctions

Asbestos obligation infringements may be the subject of criminal proceedings:

• Labour Act (LTr) infringements: deliberate or grossly negligent endangerment of workers exposed to asbestos constitutes a criminal offence. The responsible individuals — company director, client, architect — may be personally targeted.
• OTConst infringements: systematic violation of worker protection rules may result in proceedings, particularly in cases of recidivism or proven exposure.
• LPE and OMoD infringements: illegal disposal of asbestos waste (illegal dumping, mixing with ordinary waste, absence of tracking documents) is liable to criminal prosecution, independently of proceedings for endangering workers.

Civil liability

Civil liability constitutes the most enduring and potentially most costly risk:

• A worker exposed to asbestos on a construction site may bring a civil liability action against the client, the construction company, or both.
• Asbestos-related diseases — pleural mesothelioma, asbestosis, bronchopulmonary cancer — may develop 20 to 50 years after exposure. The limitation periods for liability actions allow recourse many years after the events.
• The severity and irreversibility of asbestos-induced diseases means that the amounts at stake in civil actions related to asbestos can be very significant.
• Group actions or collective recourse are theoretically possible if several workers were exposed on the same site.

Who is responsible? Table of stakeholders

Important: Liability in asbestos matters is often shared among several stakeholders. The client’s obligation does not relieve the company of its own employer responsibility, and vice versa. In the event of a dispute or incident, all stakeholders who participated in the decision chain may be held liable.

The seller’s duty to inform: CO art. 197-199

In Switzerland, there is no mandatory technical diagnostic file to be provided to the buyer during a property transaction, unlike in some neighbouring countries. However, the Code of Obligations establishes an important liability framework.

What the CO says

Article 197 of the CO requires the seller to guarantee the material and legal defects of the property sold. Article 198 specifies that the seller cannot exclude this guarantee if they have intentionally concealed defects. Article 199 allows the scope of this guarantee to be contractually adjusted, but only for defects that the seller did not know about.

Asbestos as a hidden defect

The presence of asbestos in a degraded state, or the presence of asbestos-containing materials likely to generate significant decontamination costs, may constitute a hidden defect within the meaning of the CO if:

• The seller was aware of this presence
• They did not declare it to the buyer before the sale
• The buyer would not have purchased or would have paid a lower price if informed

Recourse timescales

The guarantee periods provided by the CO allow the buyer to act:

• 1 year after discovering the defect to notify the seller
• 2 years after the transfer of ownership for real estate (absolute deadline)

These relatively short deadlines require the buyer to verify quickly after acquisition — and to act without delay if undisclosed defects are discovered.

For sellers: protect yourself through transparency

A seller who has an asbestos diagnosis carried out before putting their property on the market, who communicates the results to the buyer and takes them into account in price negotiations, effectively protects against any subsequent recourse. The diagnostic report becomes a contractual document that demonstrates the seller’s good faith and eliminates the basis for a hidden defect claim for the materials covered by the inspection.

How to comply with your obligations: the practical approach

Complying with legal obligations related to asbestos is straightforward and well-signposted when the steps are followed in order:

1. Identify the age of the building: if constructed or significantly renovated before 1 March 1990 — in case of doubt, treat it as concerned.
2. Before any planned works: contact a FACH-recognised diagnostician to define the scope of the necessary inspection.
3. Have the diagnosis carried out and obtain the report before any construction site commences.
4. Provide the report to all companies commissioned for the site.
5. If asbestos-containing materials are identified in the works zones: commission a decontamination company for their prior removal according to CFST 6503 rules.
6. Keep the report and all documents related to decontamination to constitute the building’s documentary history — they will be valuable during a future sale or future works.

To understand the types of work concerned and practical cases, see the asbestos diagnosis before work page. For demolition projects, see the asbestos diagnosis before demolition page.

Request your assessment

Are you unsure of your legal situation or your obligations? Call us on +41 58 590 91 92 or visit the asbestos diagnosis quote page for a rapid assessment of your needs. Our FACH-recognised diagnosticians cover the entire cantons of Geneva and Vaud and provide a clear, documented answer regarding your obligations.