Law 8/2026 of 2 July on the eradication of asbestos introduces new information and management obligations that directly affect real estate transactions. Among the main new requirements are the certificate confirming the presence or absence of asbestos and the obligation to record the relevant certification in the Land Registry when a transfer of ownership for consideration is registered.

For foreign buyers, who may not be familiar with the specificities of the Spanish and Catalan legal systems, it is particularly important to understand these obligations before signing a sale and purchase agreement.

What should a buyer know before purchasing a property containing asbestos?

The presence of asbestos does not necessarily mean that the property cannot be sold or that the buyer must remove it immediately.

However, before purchasing the property, the buyer should determine:

• whether the property contains asbestos-containing materials;
• where they are located;
• their state of conservation;
• the risk they pose;
• whether the relevant certificate confirming the presence or absence of asbestos is available;
• whether there are any obligations or deadlines for their removal;
• what works would be required;
• whether such works require a planning permission or other planning authorisation;
• who will bear the costs of managing and removing the asbestos; and
• whether any public grants or subsidies are available.

This information may be relevant when properly assessing the property and negotiating the purchase price and the terms of the transaction.

Is the seller required to provide an asbestos certificate?

Yes.

Law 8/2026 provides that the certificate confirming the presence or absence of asbestos must be provided when a property is sold or leased.

The obligation is therefore expressly established by law. However, certain aspects of the certification system will need to be further specified through implementing regulations, in particular the characteristics of the certificate and the requirements applicable to the persons or entities authorised to issue it.

Pending the adoption of such implementing regulations, the Law provides that the certificate must at least confirm the presence or absence of visible asbestos, the state of conservation of the asbestos-containing materials and the risk they pose to people.

Therefore, anyone purchasing a property in Catalonia should pay particular attention to how this certification system has been developed and implemented at the time of the transaction.

What happens with the Land Registry?

This is one of the most relevant aspects of the Law for a real estate transaction.

The legislation provides that, when a transfer of ownership for consideration is registered in the Land Registry, the certification regarding the presence of asbestos-containing materials must be recorded, in accordance with the applicable contaminated land legislation.

Any subsidies or grants received under the Law must also be recorded.

As a result, asbestos-related information acquires a Land Registry dimension in property transfers.

For the buyer, this means that asbestos should be reviewed as part of the legal documentation of the transaction and not merely as a technical matter concerning the building.

Who has to do what: buyer and seller?

The Law establishes obligations for different parties.

Obligations of the seller or owner

The owner must comply with the asbestos identification and management obligations applicable to them and, in the event of a sale, must take into account the obligation to provide the legally required certificate.

In addition, once asbestos has been identified, owners must take the necessary measures for its management and removal in accordance with the Law.

Obligations of the buyer

The Law does not provide that the buyer must automatically remove all asbestos present in the property simply because they have acquired it.

However, acquiring ownership may place the buyer in the position of owner subject to future obligations relating to the property.

For this reason, before purchasing the property, it is essential to determine which obligations remain outstanding and whether they will be fulfilled by the seller before completion or by the buyer after acquiring the property.

This should be clearly regulated in the sale and purchase agreement.

Can the buyer refuse to purchase a property because it contains asbestos?

The presence of asbestos does not automatically make the sale and purchase impossible.

The matter will depend on the specific circumstances of the property and on what has been agreed between the parties.

From a contractual perspective, knowing before signing the transaction:

• whether asbestos is present;
• its condition;
• any removal obligations;
• the foreseeable costs; and
• who will assume those obligations

allows the parties to avoid future disputes and determine whether the purchase price and terms of the transaction are appropriate.

What happens if the seller does not disclose the presence of asbestos?

In this situation, it is particularly important to distinguish between the mere presence of asbestos and a breach of a statutory or contractual duty to provide information.

If the seller was required to provide the certificate but fails to do so, or if relevant information concerning the condition of the property is concealed, legal consequences may arise. These will have to be assessed in light of the specific circumstances, the documentation relating to the transaction and the obligations undertaken by the parties.

Therefore, buyers are advised to ensure that the contractual documentation expressly identifies what is known about the asbestos, what documentation is provided, what actions remain outstanding and who will assume the corresponding costs and liabilities.

Can the buyer bring a claim after completing the purchase?

The answer will depend on what occurred before and during the transaction.

Purchasing a property with express knowledge of the presence of asbestos and accepting certain obligations is not the same as subsequently discovering a situation that was not disclosed when there was a duty to provide such information.

Depending on the circumstances, the general rules on breach of contract, defects in the property, duties of disclosure and liability may apply, in addition to the specific obligations arising under asbestos legislation.

For this reason, the documentation prepared before the sale and purchase is particularly important.

Does the new owner have to remove the asbestos?

Not necessarily immediately.

The Law provides that the parties subject to the relevant obligations must remove asbestos within the binding deadlines established by the competent authorities.

The specific obligation will need to be assessed taking into account the type of material, its condition, the risk it poses, its location and any works carried out on the property.

Therefore, before purchasing a property, it is not enough simply to ask “Is there asbestos?”. It is also necessary to determine what asbestos-containing materials are present, their condition and what obligations may arise in relation to them.

What happens if I want to renovate the property?

The removal or replacement of asbestos-containing materials may involve works subject to occupational health and safety requirements and, in addition, certain works may require planning permission or other planning authorisations.

Law 8/2026 provides for specific measures to facilitate the replacement of asbestos-containing elements, including where planning or heritage protection restrictions apply.

Therefore, if the purchase is linked to a renovation project, this issue should be assessed before signing the sale and purchase agreement, as it may affect the budget, timetable and feasibility of the works.

Are there penalties for non-compliance with the regulations?

Yes. The Law establishes a specific system of offences and penalties, with fines of up to €100,000 for very serious offences.

However, it should be noted that the specific sanctions regime under Law 8/2026 is subject to a specific entry-into-force rule: the chapter concerning sanctions will enter into force once the corresponding implementing decree has been approved. Until then, the general provisions governing environmental offences and sanctions will apply.

Does Law 8/2026 apply throughout Spain?

No. Law 8/2026 is specifically applicable in Catalonia.

However, asbestos is also regulated at national level. Law 7/2022 of 8 April on waste and contaminated soils for a circular economy establishes obligations for municipalities concerning the census of facilities and sites containing asbestos and the planning of their removal, while Royal Decree 396/2006 of 31 March, establishing minimum health and safety provisions applicable to work involving the risk of exposure to asbestos, regulates work involving a risk of exposure to asbestos.

Therefore, a foreign national purchasing property in Spain should always check which national, regional and local regulations apply to the particular property.

Checklist for buying a property containing asbestos in Catalonia

Before signing a sale and purchase agreement, the buyer should check at least the following:

1. Presence of asbestos

Does the property contain asbestos-containing materials?

2. Certificate

Has the certificate confirming the presence or absence of asbestos required by law been provided?

3. Condition and risk

What condition are the materials in?

4. Outstanding obligations

Are there any outstanding obligations or removal deadlines?

5. Costs

Who will bear the cost of removal or management?

6. Planning

Does the removal or replacement require planning permission or other authorisation?

7. Contract

Does the sale and purchase agreement clearly establish who will assume the obligations relating to asbestos?

8. Land Registry

What documentation must be recorded as a result of the transfer?

9. Grants

Are there any grants or subsidies available for asbestos removal?

10. Liability

Are there any potential disputes with neighbours or other liabilities arising from the presence or release of asbestos fibres?

An issue that foreign buyers should check before signing

The new Catalan regulations make asbestos an issue that should be incorporated into the legal due diligence of certain real estate transactions.

For anyone purchasing a property in Catalonia, particularly a foreign buyer who is unfamiliar with the obligations arising under the Spanish legal system, it is not enough to check the general condition of the property. It is advisable to also assess the asbestos situation, the relevant certificate, any outstanding obligations, Land Registry implications, potential removal costs and any liabilities that may be transferred to the new owner.

A proper review before completing the transaction can help prevent the buyer from subsequently assuming unexpected obligations, costs or risks.

DAUSS Abogados advises buyers, sellers, investors and domestic and international property owners on the legal review of real estate transactions and on the administrative, planning and environmental obligations relating to properties containing asbestos in Spain and Catalonia.