Certificate of Presence or Absence of Asbestos in Catalonia

Selling or letting a property in Catalonia? Since October you need a new certificate.

Since 3 October 2026, selling or letting a property in Catalonia involves a new step: stating whether or not there is asbestos in it.

With the entry into force of Law 8/2026, of 2 July, on the eradication of asbestos, the certificate of presence or absence of asbestos joins the documents that must be handed over in sales and rentals. Until now it was not part of the usual paperwork for a home or commercial premises, and it particularly affects buildings constructed when fibre cement and other asbestos-containing materials were in everyday use.

And, as usually happens when a new regulation comes into force, all sorts of claims are going around these days: fines of up to €100,000, certificates that supposedly anyone can sign, or the idea that if you have uralita (asbestos-cement sheeting), you have to remove it before you sell.

But what does the new law actually require? Who can issue the certificate? Does the property need to be inspected? And what happens if asbestos is found?

At Nomadas Architecture we are architects and we can prepare this certificate. In this article we explain clearly what the new law already requires, which criteria the Agència de Residus de Catalunya (the Catalan Waste Agency) is applying while the implementing regulation is drafted, and which questions are still to be settled. If you are going to sell or let a home or commercial premises in Catalonia, this is what you need to know.

The essentials:

• Since when: the obligation has applied since 3 October 2026 to any sale or rental of a property located in Catalonia.
• Who signs it: the law leaves this to a regulation; in the meantime, the Agència de Residus accepts professionals qualified under the LOE (Spain’s Building Act), including technical architects.
• Fine: failing to hand it over is a minor offence (€100 to €3,000), but the penalty scale depends on a decree that does not exist yet.
• Removal: you do not need to remove the asbestos to sell or let. The law requires you to disclose it.
• What the law does not set: the price, how long the certificate is valid, or a cut-off by year of construction.

What the certificate of presence or absence of asbestos is

It is a document that states whether a property contains asbestos and, if it does, what condition it is in and what risk it poses. A technical professional issues it after inspecting the building or home, and it reflects what was there on the date it was issued. It works like a dated snapshot and does not update itself if the condition of the materials changes later. It informs; it does not remove anything or require laboratory analysis. It is also a separate document from the energy performance certificate: if you sell or let, you need both.

Until now, asbestos-containing materials installed before the 2001 ban could stay in place until the end of their service life, with no legal obligation to remove or declare them. The Catalan law changes that starting point. It stems from a July 2024 report by the Síndic de Greuges (the Catalan Ombudsman) and is aligned with the European goal of eliminating asbestos from buildings by the end of 2032 (2028 for public buildings). The certificate is the piece that makes the problem visible at the moment a property changes owner or tenant.

It is one more document in the transaction, like the energy certificate or the land registry extract (nota simple) you use to check whether a property has outstanding debts.

What Article 21 of Law 8/2026 says

Article 21 of Law 8/2026 defines the certificate as a “specific document that reports on the presence or absence of asbestos in a property at the time it is issued” and adds that it fulfils the disclosure obligation set out in the law. If you are going to sell or let, these are the points that affect you:

• When it is handed over: when a property is sold or let (Art. 21.2). The owner or landlord provides it.
• Relationship with the Catalan Asbestos Census: handing it over is “without prejudice” to consulting the data in the Catalan Asbestos Census (Art. 19), which is a separate register.
• Content: Art. 21.3 sets a minimum, which covers visible asbestos only, and leaves the certificate’s characteristics and who can issue it to the regulation.

Since when it is mandatory and which properties it covers

3 October 2026: what is already in force

Law 8/2026 was published in the DOGC (the Official Gazette of the Government of Catalonia) on 3 July 2026 and, under its seventh final provision, comes into force three months later. That is why the obligation to provide the certificate has applied since 3 October 2026 to any sale or rental of a property located in Catalonia, and buyers and tenants can demand it from that same day. The law was also published in the BOE (Spain’s Official State Gazette) no. 201 of 17 August 2026 (some guides say “17 July” by mistake).

The penalties chapter (Arts. 49 to 58) depends on a later decree, as explained in the section on penalties.

Homes, commercial premises, offices and industrial units, each one separately

Article 21 refers to “a property” and does not distinguish between uses. It covers flats, detached houses, shops and commercial premises, offices and industrial units, regardless of where the estate agency or the owner is based. What counts is that the property is in Catalonia.

For an individual unit, such as a flat or an office within a building, the Agència de Residus states that the certificate refers only to that unit. If you are selling your flat in a 1970s block, you do not need to certify the whole building or reach an agreement with the owners’ association. If you sell two flats, or a flat and a commercial unit, they are separate certificates.

If your building dates from after 2002

The law sets no cut-off by year of construction. Article 21 requires the certificate when a property is sold or let, whatever year it was built.

The cut-off comes from the administration. In its model certificate, the Agència states that it is required for properties built before 2002. The date makes sense: an Order of 7 December 2001, which amended Royal Decree 1406/1989, banned the marketing of asbestos in Spain. That ban applied to the production and sale of materials, not to those already installed.

I would treat 2002 as a reasonable reference point, not as an exemption written into the law. A building completed in 2003 may have been built with materials bought before the ban, and a later renovation may have kept older elements. If your property is more recent, check with a technical professional before assuming you need nothing, and keep a written record of the criterion used to rule it out.

What is still pending regulation

The law sets out the obligation, the minimum content and the offences regime, but leaves quite a few details to a regulation. The first final provision gives the Govern (the Catalan Government) one year from the law’s approval (until July 2027 at the latest) to regulate, among other things:

• The characteristics of the certificate and who can issue it.
• The data in the Asbestos Census: what information must be included and how it will be reported.
• The requirements for collaborating entities involved in its management.
• The bodies responsible for penalties and the criteria for coercive fines.

In addition, the Register of qualified companies and professionals must be created within six months of the law’s entry into force, which makes April 2027 the deadline. July and April 2027 are maximum deadlines, not confirmed dates for publishing the regulation. When it is published, it could also settle questions the law currently leaves open, such as the cut-off by year of construction or how long a certificate remains valid.

Who must provide it, to whom and when

The certificate is provided by whoever is selling or letting. Other people are involved in the transaction (property managers, estate agencies, the notary), but the obligation is theirs alone.

Owner or landlord, buyer or tenant

Art. 21.2 states that the owner hands the certificate to whoever buys or rents the property. From the other side, Art. 5.d lists obtaining it “under the legally established terms” as a right of citizens, so if you are buying or renting you can ask for it with the law on your side.

On timing, the law says little. It states that it is handed over “when a property is sold or let” and does not specify whether this must happen before the listing, before the deposit contract (arras) or on the day of signing. Nor does it set how delivery is proven; that is left to the regulation, and in the meantime it is wise to keep written proof, for example a signed receipt or a mention in the contract.

I would have it done before publishing the listing, which is also what several industry guides recommend (as advice, not as a legal rule). If the report finds uralita on the roof or in a downpipe, you know before negotiating the price, not halfway through the deposit contract.

If you are on the buying side, ask for it before signing the arras, while you can still weigh what any findings mean, as with the other technical checks we cover in how an architect can advise you when buying a home.

The role of property managers, estate agencies and the notary

Property managers (administradores de fincas) are the only ones in this group to whom the law gives an explicit task regarding the certificate. Art. 12.1.b requires them, along with “other related professionals”, to “ensure that owners of homes or properties hand over a certificate of presence or absence of asbestos-containing materials to the person who buys or rents the property, and to assist them in obtaining that certificate”.

The obligation still lies with the owner; the property manager ensures and assists. In practice, they can help you gather the building’s documentation or coordinate access to roofs and shared courtyards for the technical visit. Art. 12.1 also asks them to report any asbestos they know of to the owner and to the Census (letter a) and to provide information on available grants (letter c).

Estate agencies and notaries are a different matter, because the law does not name them as obliged to provide or check the certificate. The expression “other related professionals” in Art. 12 is open-ended and some guides extend it to estate agents, although the text does not say so. To be on the safe side, it makes sense for the agency to ask you for it when you instruct them to sell, and for the certificate to reach the notary with the rest of the documentation, so that its delivery is recorded in the deed or the contract.

Sale and rental listings: disclosing presence or absence (Art. 10.h)

Art. 10.h requires that, “in the context of a consumer relationship, the presence or absence of asbestos-containing materials be disclosed to consumers in any offer, promotion or advertising for the sale or rental of homes, in accordance with what is stated in the certificate”.

Many guides read this as an obligation for property portals and estate agencies to state it in every listing. However, Art. 10 is addressed to companies and professionals engaged in activities related to the management and removal of asbestos. Applying it to portals or estate agencies is one possible reading, not an express provision, and the regulation will need to clarify it. If you already have the certificate when you publish, you can state in the listing what it says (presence or absence, and where) without waiting for that interpretation to be settled.

What it must include and how the inspection is done

Minimum content: visible asbestos, state of repair and risk to people

Article 21.3 sets what any certificate must cover, at a minimum:

• Presence or absence of visible asbestos, meaning what the professional can see in the property on the day of the visit.
• State of repair of any asbestos-containing materials, if there are any.
• Risk to people, or what real danger that material poses as it is and where it is.

In practice, the document usually also includes the property details, the identity of the professional who signs it and photographs of the elements inspected.

The law does not explain how that condition or that risk is measured, because that is left to the regulation. It does give a clue in Article 2.h, which defines potential risk according to the material’s degree of deterioration and the surrounding conditions. An intact fibre-cement sheet on a roof nobody goes up to does not pose the same risk as a cracked downpipe in a courtyard where the washing is hung out every day.

Until the regulation arrives, the Agència publishes a basic model certificate of presence or absence of visible asbestos, free and in Word format, for qualified professionals to use.

What an architect’s visit involves: where we look and how condition is assessed

The law does not describe the visit either. In practice it means going over the elements where asbestos was most often used, checking their condition and documenting it so the certificate can be justified. The document should also record any areas that could not be accessed, because what cannot be seen is not covered.

There is a published technical reference for assessing condition and risk. The methodology for assessing the potential risk of installed asbestos-containing materials published by the INSST (Spain’s National Institute for Occupational Safety and Health), document DD.138.1.25 from 2025, scores four factors:

• Characteristics of the material: type of product and how it is made.
• Ease of fibre release: whether it is compact or whether it crumbles, cracks or is eroded.
• Surroundings: where it is installed and what it is exposed to (weather, knocks, vibration).
• Likelihood of people being exposed: how many people pass close by and how often.

That score places the material in a risk level. The method was designed for the workplace and Law 8/2026 does not require it, but I think it is a good reference for giving “state of repair” and “risk” an objective basis, and it fits the deterioration and surroundings criteria in Article 2.h.

Roofs, downpipes, tanks, ducts, floors and insulation

In properties built before 2002, these are the elements most often checked:

• Roofs: corrugated uralita sheets on roof terraces, garages, storage rooms and industrial units.
• Downpipes and flues: fibre-cement pipes, often in light wells or on rear façades.
• Water tanks: the fibre-cement tanks on flat roofs and rooftops.
• Ventilation ducts: also fibre cement in many buildings from that period.
• Floors: some old vinyl flooring.
• Thermal or fire-resistant insulation: more common in industrial units and commercial premises than in homes.

For each element, the inspection checks whether the material is intact or whether it has breaks, chips or eroded surfaces. When intact, it usually poses a low risk; when broken, drilled or cut, which is what happens during a renovation, it releases fibres. That is also why the professional should ask about previous work, such as a downpipe cut to run a service through or a roof patched in sections.

Visual inspection versus sampling and laboratory analysis

The legal minimum is met with a visual inspection, and the law does not require laboratory testing. By eye, a professional can identify a material as compatible with asbestos from its type, its appearance and the period of construction. Confirming that it actually contains asbestos requires taking a sample and having it analysed in a laboratory.

Sampling is an additional service, with its own cost. It is usually worthwhile in two cases:

• When you are going to renovate and the work will affect a doubtful material.
• When the presence or absence of asbestos in a specific element weighs on a purchase decision or a negotiation.

If your certificate is based only on a visual inspection, it is reasonable to ask for the document to say so explicitly, so whoever reads it knows what has been checked and what has not.

Hidden asbestos: what a visit does not see

Article 2.i, when defining the census of assets containing asbestos, refers to materials that are “visible, camouflaged or hidden”. As the certificate covers only what is visible, anything behind a false ceiling, inside a built-in downpipe or under a floor falls outside the minimum, unless the professional extends the survey.

That asbestos can be inside cavity walls, in concealed ducts or behind wall finishes, and often only appears when things are opened up, sometimes in the middle of building work. That is why a certificate of absence does not guarantee the property is asbestos-free. If you are buying to carry out a full renovation, it makes sense to ask for a broader survey before closing the deal, just as you would with a technical home inspection report to find out the property’s real condition.

Who can sign it and how to get one

Architects, technical architects and engineers: what the rules say

The law does not name any profession. Article 21.3 of Law 8/2026 states that “the characteristics of and competence for issuing the certificate of presence or absence of asbestos must be determined by regulation”, and that regulation does not exist yet.

Until it arrives, the Agència has set a criterion for the transitional period. On its page about the model certificate, it states that it can be issued by any professional qualified under the Building Act (LOE), always “according to their competences”:

• Architects.
• Technical architects.
• Engineers and technical engineers.

This is the reading of the body that manages the certificate, not the text of the law, and the regulation could specify or narrow it. The Col·legi d’Arquitectes de Catalunya (the Catalan Association of Architects) also takes it as given that this regulation will set the qualifications required to issue it.

The Agència’s basic model is a template for a professional to sign after visiting the property, and each section depends on what is observed during the visit, so downloading it and filling it in yourself does not count as a certificate.

Steps to request it, what documents to prepare and what to get from the professional in writing

1. Pin down which unit needs certifying: flat, commercial unit or industrial unit.
2. Ask a qualified professional for a quote: explain the type of property, its approximate year of construction and whether you are selling or letting. There are more criteria on who to entrust it to in how to choose a good architect.
3. Gather what you have on the property: ask the professional what they want to see before the visit. If you have paperwork from previous work (a roof replacement, replaced downpipes, a uralita removal), keep it to hand.
4. Provide access on the day of the visit: roof, storage room, meter room or any space with old installations. What cannot be seen is not reflected.
5. Review the certificate before handing it over, to check that it corresponds to your property and covers what you agreed.

Before commissioning it, ask for the following to be set out in writing in the quote or in the certificate itself:

• Scope: whether it will be a visual inspection or will include sampling and laboratory analysis.
• Content: the Art. 21.3 minimum (visible asbestos, state of repair and risk).
• Unit certified: address and reference of the specific flat, commercial unit or industrial unit.
• Date of the visit: the certificate describes the property’s condition on that day.
• Professional’s details: name, qualification and signature, so you can check that their profession is among those accepted.

How much it costs and how long it takes

The law sets no price or deadline, and there is no official fee either. The figures going around are commercial offers.

What most affects cost and time is the size and type of property (a flat is not the same as an industrial unit with a fibre-cement roof), how accessible roofs and courtyards are, whether a laboratory is involved, which adds its own cost and the wait for results, and travel, which some companies charge separately.

If you also need the energy certificate for the same transaction, ask whether both visits can be done at once. And when comparing quotes, look at the scope before the price.

Validity and when to repeat it

Art. 21 sets no validity period or expiry date. It defines the certificate as a reflection of the property’s condition “at the time it is issued”. My recommendation, as a technical criterion and not a legal rule, is to repeat it when what it describes no longer matches reality:

• After work affecting roofs, downpipes, ducts or floors.
• If a material has deteriorated, for example a fibre-cement roof damaged in a storm.
• After a removal, so the certificate reflects absence rather than presence.

If the certificate was issued before building work or a change to the property, check with the notary or the other party whether they expect an updated one.

How we prepare it at Nomadas Architecture

At Nomadas Architecture we are architects, one of the professions the Agència de Residus accepts to sign it while there is no regulation, and we can prepare the certificate of presence or absence of asbestos for your property. If you need it, get in touch and we will go through it with you.

What happens if asbestos is found

Can you still sell or let?

Yes. Art. 21 of Law 8/2026 requires disclosure of the presence or absence of asbestos, and at no point makes the sale or rental conditional on removing it first. A certificate showing presence is just as valid for completing the transaction.

Art. 11 of the same law requires owners to keep the property free of asbestos once it has been identified and to take measures to remove it. The fourth additional provision adds that those obliged must remove asbestos within the deadlines set, on a binding basis, by the competent institutions.

Today these texts contain no general, individual deadline for private owners. 2032 is a European objective, not a binding date for your flat, so the prudent approach is to treat the finding as outstanding work, with a timetable still to be defined.

In practice, the buyer takes on that obligation along with the property. If asbestos is found, it is worth getting a quote for removing and replacing the element before negotiating, so the price is discussed with real figures and not assumptions.

Keep it under monitoring or remove it: how a professional decides

The preamble of Law 8/2026 states that materials must be removed unless this is technically inadvisable, so what the professional assesses is the order and timing of removal.

The INSST methodology we looked at in the inspection section places each material in one of these three outcomes:

• Priority removal: the material’s condition or people’s exposure means it should not wait.
• Active monitoring: the material stays for now, but its condition is checked periodically.
• Preventive maintenance: it is kept in good condition while removal is scheduled.

As an illustration, and not as an official classification, an intact fibre-cement sheet on a roof nobody goes up to usually falls under active monitoring or preventive maintenance, while a cracked downpipe in a courtyard used every day points to priority removal. Priority criteria and removal phases are still pending regulation. If a professional considers that your uralita can wait, they should put it in writing, with the classification applied and how often it needs to be checked.

Removal: RERA-registered company, work plan and documents worth keeping

Removing asbestos from buildings and installations falls squarely under Royal Decree 396/2006 (Art. 3), and its Art. 17 reserves this work for companies registered in the RERA (Register of Companies at Risk from Asbestos). A renovation company without that registration cannot dismantle it, however small the job.

Before starting, the company submits a work plan to the labour authority (Art. 11 of RD 396/2006). The administration has 45 days to respond and, if it does not respond expressly, the plan is deemed approved. Factor that period into your timetable if a sale or renovation is under way.

The Catalan register of qualified companies and professionals is in addition to the RERA, not a replacement for it.

In a renovation of a property built before 2002, the sensible thing is to check for asbestos before signing the building contract, and removal usually appears as a separate item in the quote. Once the work is finished, these are the documents worth keeping:

• Approved work plan: proves the removal was carried out through the legal route.
• Waste management receipts: show the material ended up with an authorised waste manager.
• Post-removal certificate: reflects the property’s new condition and is what the next buyer or tenant will want to see.

Law 8/2026 devotes Art. 26 to grants and subsidies. Your property manager is a good first contact, since they are required to inform the owners’ association about them. Requirements, amounts and how to apply are in our guide to asbestos removal grants in Catalonia.

In industrial units, commercial premises and offices the obligations are the same as in a home, but the scale changes: asbestos tends to be concentrated in the fibre-cement roof, and removing it means replacing it, which weighs on the budget as much as the removal itself. It is also worth checking downpipes, ducts, tanks and insulation.

Price, deposit contract, Land Registry and penalties in the transaction

Effect on price and what to check in the deposit contract

Law 8/2026 says nothing about price. What does happen in practice is that a finding of presence gives the buyer the information to work out how much it will cost to keep that material under monitoring or remove it, and they negotiate with that figure. There are no reliable figures on how much the price drops, and I would be wary of anyone who gives you a fixed percentage. A fibre-cement downpipe in good condition and an extensive, cracked uralita roof are very different scenarios, and the certificate itself is what lets you tell them apart.

The deposit contract (arras) and hidden defects are a matter of civil law, and the asbestos law does not regulate them. My prudent view as an architect:

• Have the contract mention the certificate: date, the professional who signed it and the result, with the document attached as an annex.
• If asbestos is present, set out the split in writing: who takes on removal or monitoring, within what timeframe, and whether either party will apply for removal grants.
• Check the wording with your notary or lawyer, who can assess what the consequences of concealing asbestos would be in your case.

Record in the Land Registry

This is set by the seventh additional provision. When a transfer of the property for consideration (that is, in exchange for payment, such as a sale) is registered, the certificate of presence of asbestos-containing materials must be recorded in the Land Registry, along with whether grants or subsidies under Article 26 have been obtained for its removal.

The provision refers to “the terms established by the regulations on contaminated soil” and does not detail how this will work in practice, although the intention is for declared asbestos to leave a trace in the registry. The next buyer will foreseeably be able to find it when reviewing the property’s registry information, although the law does not spell this out.

What happens if I don’t provide the certificate? Penalties for failing to hand it over

Law 8/2026 classifies failing to hand over the certificate of presence or absence of asbestos in a sale or rental as a minor offence. The penalty for minor offences ranges from €100 to €3,000.

The specific amount will depend on factors such as the risk to health and the quantity and condition of the material.

However, although the obligation to provide the certificate has been in force since 3 October 2026, the specific penalty regime is still awaiting implementing regulations. So the certificate is already mandatory, although enforcement of these penalties depends on that regulation.

Frequently asked questions

Is the asbestos certificate mandatory if I’m letting rather than selling?

Yes. Art. 21.2 requires it “when a property is sold or let”, so the landlord gives it to the tenant just as the seller gives it to the buyer.

Does the certificate expire?

The law sets no validity period: Art. 21 defines it as a reflection of the property’s condition “at the time it is issued”. It is worth repeating if that condition changes, for example after building work.

Can I do it myself with the Agència de Residus model?

No. The model is a template to be filled in by a qualified professional after visiting the property.

Can I already be fined for not providing it?

The obligation has applied since 3 October, but the Art. 54 scale (€100 to €3,000 for minor offences) depends on a decree that has not yet been approved (seventh final provision).

How much does it cost and how long does it take?

The law sets no price or timeframe, and the figures going around are commercial. Ask for a fixed quote and a delivery date in writing before the visit.

Do I have to remove the uralita before selling?

No. The law requires disclosure, not removal. Art. 11 does require owners to act on identified asbestos, within the deadlines set by the competent institutions, so it is worth discussing it with the buyer and reflecting it in the deposit contract.

Does the estate agency or the notary handle it?

No. The obligation lies with the owner or landlord. The property manager ensures and assists (Art. 12.1.b), and the estate agency or notary may ask you for it, but commissioning it is up to you.

Is it required outside Catalonia?

No. Law 8/2026 is a law of the Parliament of Catalonia and only applies to properties located in Catalonia, even though it was also published in the BOE.

If you are going to sell or let, ask for the certificate before publishing the listing, not when the deposit contract is already on the table. If your property was built before 2002, you almost certainly need it; if it is more recent, check with a professional before ruling it out. If you would like us to prepare it for your home, commercial premises or industrial unit, get in touch.

Have you already heard about the certificate in your building or in your own transaction? Tell me in the comments.