Selling or renting out a flat in Catalonia is no longer just a matter of signing. Since 3 October 2026, Law 8/2026 requires owners to hand over a certificate of the presence or absence of asbestos every time they sell or rent out a property. If they don’t, the fine can reach €3,000.
Here we explain exactly what the law says, what the certificate has to show, where asbestos tends to hide in a building and what to do if yours has it.
What Law 8/2026 requires
Catalan Law 8/2026 of 2 July on the eradication of asbestos was published in the DOGC on 3 July and has been in force since 3 October. Its article 21.2 is very clear:
“The certificate of the presence or absence of asbestos must be handed over when a property is sold or rented out.”
It is the owner who gives it to the buyer or tenant. And the law speaks of “a property”, with no distinction by year of construction: it applies to all flats, commercial premises and houses, not only to old buildings.
What the certificate has to show
Who issues the certificate and what it must contain will be set out in a Catalan government regulation that has not yet been approved. In the meantime, article 21.3 sets the minimum it must certify:
- Whether there is any visible asbestos.
- What condition it is in.
- What risk it poses to people.
We will update this article as soon as the regulation is published.
What happens if you don’t hand it over
Failing to hand over the certificate is a minor infringement (article 53.c), punishable by fines of €100 to €3,000 (article 54). That is little money compared with a sale or a rental contract that gets complicated on signing day.
Where asbestos tends to hide in a building
Asbestos was widely used in construction until it was banned in Spain in December 2002 (Order of 7 December 2001). So if your building is older than that, it is more likely to contain it. The usual places are:
- Fibre-cement roofing (the well-known “uralita”) on roof terraces, courtyards and storerooms.
- Downpipes and drainage pipes.
- Old water tanks on roof terraces and in courtyards.
- Ventilation ducts and flues.
If you suspect there is asbestos, the most important thing is not to touch it: don’t break it, drill it or sand it. In good condition and left alone the risk is low; the danger comes when it breaks and releases fibres.
What to do if you are selling or renting out
- Check the year the building was built. If it is older than 2002, it is more likely to have asbestos in the common areas or in the flat itself.
- Ask your property manager. They know what documentation the building already has and, by law, they must help you with the certificate.
- Request the certificate in good time, before putting the flat up for sale or rent, so you are not in a rush on signing day.
- If there is asbestos, don’t touch it and have it removed by a RERA-registered company.
If there is asbestos: have it removed by a RERA-registered company
Removing or encapsulating asbestos is no ordinary job. Only companies registered with RERA (Spain’s register of companies authorised to work with asbestos) can do it, with trained staff, an approved work plan and disposal of the waste at an authorised landfill.
At Fincas Caseuro we recommend Patrimonial, a Barcelona company registered with RERA that takes care of the whole process.
Your property manager helps you with the paperwork
Few people know this, but the law itself tasks property managers with making sure the certificate is handed over and assisting the owner with the process (article 12.1.b), and also with informing owners of any grants and subsidies for managing and removing asbestos (article 12.1.c).
That is exactly our job: at Fincas Caseuro we manage buildings in Barcelona, we know them from the inside and we know what documentation your building already has and what it is missing.
In short
- Since 3 October 2026, anyone selling or renting out in Catalonia must hand over an asbestos certificate.
- It applies to all properties, whatever their age.
- Until the regulation is approved, it certifies whether there is visible asbestos, its condition and its risk.
- Not handing it over can cost from €100 to €3,000.
- If there is asbestos, don’t touch it: it must be removed by a RERA-registered company.
Sources: Catalan Law 8/2026 of 2 July on the eradication of asbestos (DOGC no. 9699, 3 July 2026; BOE-A-2026-17836), articles 12.1.b and c, 21.2, 21.3, 53.c and 54.1.a. Order of 7 December 2001 (asbestos ban). Information updated on 6 November 2026.
