Who pays for the asbestos certificate when renting?

The obligation lies with the landlord

Law 8/2026 says the certificate must be handed over when a property is sold or rented (art. 21.2), and gives anyone renting a home or other property the right to obtain it (art. 5.d). The landlord is the one who hands it over, so the landlord orders it.

The Catalan Waste Agency requires it for properties built before 2002. If your flat is from 2002 or later, in practice it is not needed.

Renting a home: it cannot be charged to the tenant

Article 20.2 of the Spanish Urban Leases Act, as worded in October 2026, states that property management and contract formalisation costs cannot be passed on to the tenant, directly or indirectly. It defines these costs as any arising from services provided to prepare, formalise, manage, amend or renew the contract.

The asbestos certificate is a document the landlord must provide in order to rent, so it should not be passed on to the tenant, either as a separate charge or added to the rent or agency fees.

Commercial units, offices and other uses

Leases for uses other than housing (commercial units, offices, warehouses) are governed by what the parties agree (art. 4.3 LAU). The obligation to provide the certificate still lies with the landlord, but who bears the cost can be agreed in the contract.

Do I have to pay for it every time I rent?

The law sets no expiry date: the certificate reflects the condition of the property on the day of the visit. According to the Catalan Waste Agency, it is valid for successive rentals as long as there are no works or changes to the property. So in most cases the landlord pays for it once.

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