Asbestos certificate for selling or renting in Catalonia: mandatory from 3 October 2026

Yes. Ley 8/2026, de 2 de julio, de la erradicación del amianto (the Catalan Asbestos Eradication Act; in Catalan, Llei 8/2026 de l'erradicació de l'amiant), was published in the DOGC on 3 July 2026 and has been in force since 3 October 2026. Its article 21.2 states that the certificate of presence or absence of asbestos "must be provided when a property is sold or rented".

The law simply refers to a "property": homes, offices, commercial premises and industrial units. It also makes no distinction between types of rental (main home, seasonal or commercial). It says nothing about renting rooms; assuming it applies is an interpretation, and the prudent approach is to provide it anyway. Inheritances and donations are not mentioned: the law speaks of selling or renting.

The obligation falls on the person selling or renting; article 5.d grants the buyer and the tenant the right to obtain it. Property administrators and other related professionals must ensure that the owner provides it and assist them in processing it (article 12.1.b). If you do not reside in Catalonia, the wording of article 3 leaves doubts as to whether it applies to you; providing it avoids any dispute on that point.

The law has no transitional regime. As it is not retroactive, it applies to sales and rentals signed from 3 October 2026; a rental signed before does not oblige you to provide anything halfway through the contract.

The certificate states whether or not there is asbestos in the property at the time of its issue. Its format and who signs it will be established by a regulation, which the Catalan Government must approve within 1 year of the law being passed. In the meantime, article 21.3 requires at least 3 things: the presence or absence of visible asbestos, the state of conservation of the materials and the risk to people.

On 30 September 2026, the Catalan Waste Agency (ARC) published a basic template and 20 frequently asked questions. According to its criteria, the inspection is carried out in person in accessible spaces, but it is only visual: it does not require samples or laboratory testing. If there are inaccessible areas, the certificate is limited to what has been seen and warns that there may be hidden materials. The technician can add, for example, that a suspicious material needs to be verified.

Further nuances from the ARC: this template is not the official model of the law, but a basic one that meets the minimum requirements of article 21.3; if a flat or commercial premises within a building is sold or rented, the certificate covers only that unit, not the common elements; and the information from the Catalan Census of materials containing asbestos does not replace the certificate.

The law does not set a limit based on the year of construction. It is the ARC that, as an administrative criterion, considers the certificate mandatory for properties built before 2002, because the Orden of 7 December 2001 banned the marketing of materials containing asbestos.

This cut-off point simplifies things: the Orden came into force on 14 June 2002 and allowed existing stock to be sold for a further 6 months, so a property built or renovated during 2002 may contain asbestos. If this is your case, request the certificate. If it is clearly later, keep the documentation proving the year of construction and any renovations.

Its maximum use in Spain was from 1960 to 1984 and fibre cement (uralita) accounted for 77% of uses, according to the INSST Technical Guide. It appears on roofs, downpipes, gutters, water tanks, cisterns, chimneys and ducts; also in vinyl-asbestos tiles and in the thermal insulation of pipes and boilers, which are friable and the most dangerous.

Until the regulation specifies it, the ARC understands that it can be issued by professionals under the Ley de Ordenación de la Edificación (the Spanish Building Regulation Act): architecture, technical architecture, engineering and technical engineering, according to their competencies. When asked about the UNE 171370-2 standard, the ARC does not require it for the basic certificate.

In the market, as of 3 October 2026, a visual certificate for a flat starts from around €150 to €250 plus VAT; with sampling and analysis in an accredited laboratory, from around €500 plus VAT. Commercial premises, industrial units and entire buildings are subject to a quote. There is no official issuance deadline: it depends on the schedule of the visit.

For the ARC, it currently has no validity period and is valid for successive rentals if the property has not been modified. It reflects the state on its date: if you carry out building work, renew it.

At Managora we resolve this with our asbestos certificate service: we arrange for the technician who signs it, we check that it meets the minimum legal content and we provide you with the clause for the contract and the proof of delivery. The technician's fees are separate. You can see the updated amount on the service page.

According to the ARC, it is currently enough to have it before signing the contract, not before the advert. However, in the advertising for the sale or rental of homes to consumers, article 10.h requires informing about the presence or absence of asbestos according to the certificate. This letter is in the article concerning management and removal companies and does not name estate agencies; even so, what the advert says must match the certificate, and having it beforehand avoids contradictions.

In a sale, the useful moment is before the deposit agreement (arras): the price is already negotiated with this information. In a rental, before the contract. Leave a record with a clause that includes the date and the result of the certificate and a signed proof of delivery.

At the deed, there is currently no official criterion from the Notarial College of Catalonia or the registrars. The law does not condition the validity or the signing of the deed on delivery of the certificate, but it is advisable to take it to the signing so that it is recorded that the buyer has received it.

And in the Land Registry, the 7th additional provision orders the recording, when registering the onerous transfer, of the certification of the presence of asbestos and the grants obtained to remove it. It does not say that the certificate of absence must be registered or that it is a requirement to register.

The law classifies not providing it as a minor offence (article 53.c), with a fine of €100 to €3,000 (article 54.1.a). However, this penalty regime is not in force: it will enter into force when its decree is approved, and until then the general penalty provisions on environmental matters apply. This fine, therefore, will be applied when the decree exists.

The risk that does already exist is civil. In Catalonia, the seller is liable for any lack of conformity that exists at the time of delivery and becomes apparent within the following 3 years (article 621-23 of the Civil Code of Catalonia), and the buyer can request correction, reduce the price, terminate the contract and claim damages (article 621-37).

The certificate works in favour of the seller: according to article 621-26, they are not liable for a lack of conformity that the buyer knew about when signing, except for fraudulent concealment, gross negligence or if they have assumed the guarantee of conformity. A certificate provided and with a signed receipt proves what the buyer knew. If a company or a professional sells to a private individual, it is not enough for the buyer to know it: they must accept it expressly and separately when signing (article 621-20.4).

In a rental, the landlord must make the necessary repairs to keep the home habitable (article 21 of the Ley de Arrendamientos Urbanos, the Spanish Tenancy Act). And, in relations between neighbours, the Civil Code of Catalonia includes asbestos fibres among prohibited immissions since 3 October 2026: those produced by illegitimate acts of the neighbourhood that cause damage to the property or to those who live in it generate liability (article 546-13).

According to the ARC, the presence of asbestos does not prevent selling or renting. The certificate will state its condition and its risk: fibre cement in good condition is not the same as deteriorated thermal insulation.

Do not touch it. The law prohibits citizens from manipulating it (article 11.a). Never break, drill, sand, paint or clean it with pressurised water: it would release fibres. Even the taking of samples is done by specialised personnel, never the owner.

Removal can only be carried out by authorised companies and professionals (article 31). Furthermore, under Real Decreto 396/2006, the company must be registered in the Registry of Companies with Asbestos Risk (RERA) and have a work plan approved by the labour authority, except for sporadic low-exposure work. The law also creates a Catalan registry of qualified companies, which the Government must set up within 6 months. The removal deadlines will be set by the competent institutions.

The law obliges you to inform the administration of known places with asbestos (article 11.b). There is no specific channel yet: the ARC refers to its ordinary channels (enquiries, complaints and suggestions mailbox, asbestos enquiries form and the 012 phone line). In a building, the property administrator must also report it.

Grants: as of 3 October 2026, there are none open in Catalonia. The ARC's 2026 call closed on 2 July and the rehabilitation programmes with European funds on 30 June. The law creates a Fund for the Eradication of Asbestos and foresees regular calls, with no date set.

No. As of 3 October 2026, there is no state obligation or obligation from any other autonomous region to provide an asbestos certificate when selling or renting. In Madrid, Valencia or Seville, the transaction is signed without it.

The state Ley 7/2022 on waste only obliges town halls to make a public census of facilities and sites with asbestos and a removal schedule; the "before 2028" refers only to public facilities or sites of higher risk, not to private flats.

What does count throughout Spain is the energy efficiency certificate. In Catalonia, the asbestos certificate and the certificate of occupancy (cédula de habitabilidad) are added: it is advisable to prepare all 3 at the same time. At Managora we process all 3; you can see the updated amount on each service page.