Asbestos certificate in Catalonia: what does Law 8/2026 require?

The new regulation affects anyone who is going to sell, buy or rent a home, a commercial unit or other property in Barcelona or in any municipality of Catalonia.

However, some important issues are still pending regulatory development, especially the final characteristics of the certificate and the determination of who can issue it.

Therefore, in this article we distinguish between what is established by Law 8/2026, the provisional and indicative criterion communicated by the Colegio Notarial de Cataluña and the practical recommendations that can be followed while the regulation is approved.

Law 8/2026 comes into force, in general, on 3 October 2026. Part of its practical application remains pending regulatory development.

When there is a certificate of the presence of asbestos, the seventh additional provision provides for its entry in the register upon registration of an onerous transfer of ownership.

IMPORTANT: a negative certificate does not necessarily equate to stating that the property is 'free of asbestos'. Until the implementing regulations are approved, the Law requires at minimum proving the absence of visible asbestos at the time of its issue.

The certificate of presence or absence of asbestos is the specific document that reports on the presence or absence of asbestos in a property at the time it is issued.

Until implementing regulations are established, the Law sets out a minimum content relating to the presence or absence of visible asbestos.

Not exactly.

The certificate attests, under the terms currently in force, to the absence of visible asbestos at the time of issue.

Therefore, it is more accurate to use this expression than to generally state that a dwelling or property is 'free of asbestos'.

When materials containing visible asbestos are detected, the certificate must indicate, as a minimum:

• their condition; and
• the risk they may pose to people.

Law 8/2026 comes into force generally on 3 October 2026.

From that date, Article 21 expressly requires the delivery of the certificate when a property situated in Catalonia is sold or let.

Furthermore, the obligation is not limited to sales.

Article 21 also requires the provision of the certificate when a property is let; it must be given to the tenant.

At this point there is an important legal nuance.

Article 21 expressly refers to the sale and rental, whereas the seventh additional provision uses, when regulating the effects on the register, the broader concept of «onerous transfer of ownership».

They are not identical expressions.

The Law uses the general concept of property and does not limit the obligation exclusively to dwellings.

The obligation may affect different types of properties located in Catalonia.

The Law does not establish, in Article 21, a general exclusion on the grounds that it is a premises, an industrial unit, a parking space or another type of property.

A plot should not be automatically ruled out simply because it is undeveloped.

A plot may contain remains of former buildings, installations or materials that contain asbestos.

This is one of the issues still to be specified.

The Law expressly refers to the forthcoming regulation both the characteristics of the certificate and the determination of which authority is competent to issue it.

Until implementing regulations are in place, the provisional position of the Colegio Notarial de Cataluña considers profiles such as architects, architectural technicians and engineers to be technically adequate.

The presence of asbestos does not automatically prevent the sale of the property.

When materials containing asbestos are detected, the certificate must report on their condition and the risk they may pose to people.

Law 8/2026 does not treat the mere presence of asbestos as an automatic prohibition on selling the property.

Additional provision 7 establishes a specific requirement for the certification of the presence of asbestos-containing materials when a transfer of ownership for consideration is registered.

When the certificate determines the presence of asbestos, the registration record provided for by law must be taken into account.

Also, when they exist, any aid or subsidies obtained in accordance with Article 26 may be relevant.

Additional provision 7 refers specifically to the certification of the presence of asbestos.

Therefore, it should not be asserted that the Law provides for identical publicity in the register for a certificate that determines the absence of visible asbestos.

The Law establishes a duty to deliver the certificate, but it does not expressly declare that a sale concluded without it is void.

Nor does it contain an explicit general prohibition addressed to the notary from authorising the deed in their absence.

The law does not expressly establish the certificate as a requirement for the validity of the sale.

However, this does not mean that the certificate is optional. There is a legal duty to deliver it, and its absence prevents the buyer from having the information that the new regulation seeks to guarantee.

The Law classifies failure to comply with the duty to deliver as a minor offence and provides for fines of €100 to €3,000 for minor offences.

However, there is an important transitional regime.

It should not be stated like that.

Law 8/2026 applies throughout Catalonia. Therefore, anyone intending to buy or sell a flat, house, commercial premises or other property in Barcelona must include this new documentation in the preparation of the transaction where appropriate.

Advance review allows potential issues to be identified and the deed to be properly prepared, preventing a documentary issue from arising for the first time on the day of execution.