Subsection 5: Creation and communication of documents and information relating to the presence of asbestos

Articles in this section · 4

Article R1334-29-5

French Public Health CodeIn force

Updated 5 Nov 2023

I. - The owners referred to in articles R. 1334-17 and R. 1334-18 must compile and keep a file entitled "asbestos technical file" containing the following information and documents:

1° Reports on the location of materials and products on lists A and B containing asbestos;

2° Where applicable, the date, nature, location and results of periodic assessments of the state of preservation, dust measurements, removal or containment work on materials and products containing asbestos and any conservation measures implemented;

3° General safety recommendations regarding these materials and products, in particular intervention procedures, including waste management and disposal procedures;

4° A summary sheet.

The "asbestos technical file" is kept up to date by the owner and includes details of materials and products containing asbestos discovered during work or maintenance operations.

A joint order by the ministers responsible for construction, health and labour specifies the procedures for applying this article and defines the content of the summary sheet and the general safety recommendations mentioned in 3° and 4° of this I.

II - The "asbestos technical file" referred to in I is :

1° Kept by the owner at the disposal of the occupants of the building concerned, employers, staff representatives and occupational physicians when the building contains work premises. These persons are informed of the procedures for consulting the file;

2° Communicated by the owner to the following persons and bodies, at their request and within the scope of their respective responsibilities:

a) Agents or departments mentioned in the first paragraph of Article L. 1312-1, Articles L. 1421-1 and L. 1435-7 and the second paragraph of Article L. 1422-1 ;

b) Labour inspectors referred to inArticle L. 8112-1 of the Labour Code;

c) Health and safety inspectors ;

d) Agents of the prevention service of social security bodies and of the professional prevention body for building and public works;

e) Agents of the ministry responsible for construction mentioned in article L. 181-1 of the code de la construction et de l'habitation ;

f) Youth and sports inspectors;

g) Persons responsible for inspecting classified installations and basic nuclear installations mentioned inarticle L. 514-5 of the Environment Code;

h) Commission consultative départementale de sécurité et d'accessibilité ;

i) Any natural or legal person required to carry out work on the building.

The owner must keep written proof that the file has been sent to these people.

III - The summary sheet of the "asbestos technical file" is communicated by the owner within one month of its creation or updating to the occupants of the building and, if this building contains work premises, to the employers.

Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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