Catalonia’s asbestos law: the certificate to sell or rent

What Law 8/2026 is

Catalan Law 8/2026 of 2 July on the eradication of asbestos was passed by the Catalan Parliament on 17 June 2026 and published in the Official Journal of the Generalitat (DOGC) on 3 July 2026. It came into force three months later, on 3 October 2026 (seventh final provision).

Its aim is the progressive removal of asbestos from Catalonia. To do so it creates, among other tools, the Catalan census of asbestos-containing materials (a public register of identified materials, organised by municipality, art. 19), a fund to finance removal, a commission and a register of qualified companies. And for sales and rentals, it creates the asbestos presence or absence certificate.

What the asbestos presence or absence certificate is

It is the document that states whether a property contains asbestos at the time it is issued (art. 21.1). Its final characteristics will be set by a regulation, but until then the certificate must, as a minimum, state (art. 21.3):

• whether or not there is visible asbestos;
• the condition of the materials that contain it;
• the risk they may pose to people.

It is therefore a visual inspection: no samples or laboratory analysis are required. The Catalan Waste Agency (Agència de Residus de Catalunya) has published a basic certificate model to be used until the regulation is approved.

When it is mandatory

The law says the certificate must be handed over when a property is sold or rented (art. 21.2). It makes no distinction between homes, commercial units or offices.

The Catalan Waste Agency specifies that it is required for properties built before 2002, because since then the sale of any material containing asbestos has been banned in Spain (Order of 7 December 2001). If the property is from 2002 or later, in practice it is not needed.

When a unit in a building is sold or rented (a flat, a commercial unit, an office), the certificate covers only that unit, not the building’s common areas.

Who has to provide it

The owner who sells or rents: the law gives buyers and tenants the right to obtain the certificate when acquiring or renting the property (art. 5.d).

Property managers and other related professionals (such as estate agents) must ensure that the owner hands over the certificate and help them obtain it (art. 12.1.b).

Who can sign it

The regulation will decide which professionals are competent (first final provision). In the meantime, the Catalan Waste Agency states that it can be issued by the professions covered by the Spanish Building Act (LOE), within their competences:

• architects;
• building engineers (arquitectos técnicos);
• engineers and technical engineers.

What is checked during the inspection

Asbestos was used in Spain in many building materials until 2002, mainly as fibre cement. In a home or commercial unit, the professional checks the elements where it usually appears:

• fibre cement roofs and corrugated sheets (“uralita”);
• downpipes, gutters and ventilation ducts;
• old water tanks;
• vinyl floors and their adhesives;
• insulation on old pipes and boilers.

Fines for not providing it

Not handing over the certificate in the cases set out in the law is a minor offence (art. 53.c). Minor offences carry fines of €100 to €3,000 (art. 54.1).

One caveat: the law’s chapter on penalties (arts. 49 to 58) comes into force when the decree implementing it is approved. Until then, the general environmental penalty rules apply (seventh final provision). The obligation to hand over the certificate, however, is already in force.

The certificate and the Land Registry

When a sale is registered, the Land Registry records the certificate if it shows asbestos is present, as well as any public grants received to remove it (seventh additional provision).

What happens if the certificate finds asbestos

Having asbestos does not prevent you from selling or renting: the certificate is there to inform the buyer or tenant. But once identified, the law requires the owner to keep the property free of these materials and to maintain it, taking the necessary measures to remove the asbestos (art. 11.d). Only authorised companies may handle or remove it (art. 11.a).

Public administrations must offer grants and subsidies for removal, prioritising people on low incomes and old or run-down neighbourhoods (art. 26).

What is still pending

The Catalan Government has one year from the law’s approval to adopt the implementing regulation (first final provision), which will set, among other things, the final characteristics of the certificate and who can issue it. We will update this guide when it is published.

Frequently asked questions about the law