Buying property in Catalonia involves checking much more than the price, location and apparent condition of the building. From October 2026, buyers will also need to consider a new issue: the possible presence of asbestos in the property.

Law 8/2026 of 2 July on the Eradication of Asbestos introduces new measures aimed at identifying and controlling asbestos in Catalonia. The Law will enter into force on 3 October 2026.

One of the provisions that may directly affect property transactions is Article 21, which establishes requirements relating to information on the presence or absence of asbestos in certain sales and rental transactions.

Which properties are affected?

According to information published by the Agència de Residus de Catalunya (ARC), during the transitional period the certificate applies to properties built before 2002.

The year 2002 is relevant because the marketing of products containing asbestos was prohibited in Spain from that year onwards.

This does not mean that a property built before 2002 necessarily contains asbestos. However, asbestos was widely used for decades in different construction materials and components, meaning that its possible presence should be considered when purchasing an older property.

What is the asbestos presence or absence certificate?

Under Law 8/2026, in the cases covered by the legislation, the buyer or tenant must receive information regarding the presence of asbestos in the property.

Pending the full regulatory development of the Law, the Agència de Residus de Catalunya has published a basic model certificate confirming the presence or absence of visible asbestos to facilitate compliance during the transitional period.

At present, the certificate must include, at least:

• whether visible asbestos is present or absent;
• the condition of any materials containing asbestos; and
• the potential risk they may pose to people.

Important: the certificate does not confirm that the property is completely asbestos-free

This is an important point for buyers.

The model published by the ARC refers specifically to the presence or absence of visible asbestos. It should therefore not be understood as a guarantee that the property contains no hidden asbestos.

A visual inspection may not identify materials that are concealed, inaccessible or require specific technical testing.

Where there are indications or concerns regarding particular materials, an additional technical assessment may therefore be advisable.

Why does this matter when buying a property?

The presence of asbestos does not, by itself, prevent a property from being bought or sold.

The key issue is to understand whether asbestos is present, where it is located, its condition and whether any action may be required.

This information may have practical and financial implications for the buyer. Certain asbestos-containing materials may require specific measures if the property is subsequently renovated, refurbished or the materials need to be removed.

Before signing a deposit contract (arras), buyers should therefore consider checking:

• whether the property is subject to the asbestos certificate requirement;
• whether the seller has provided the relevant certificate;
• what the certificate actually covers;
• whether asbestos-containing materials have been identified;
• their condition; and
• whether an additional technical inspection is advisable.

What if you are a foreign buyer purchasing property in Catalonia?

For an international buyer, purchasing property in Spain can involve legal documents and procedures that differ significantly from those in their home country.

It is therefore particularly important to carry out the necessary checks before signing the deposit contract (arras) and not rely solely on the information provided by the seller or estate agent during the property viewing.

Asbestos is only one of the matters that should be reviewed. Depending on the property and transaction, buyers should also check its:

• Land Registry status;
• cadastral information;
• planning and zoning status;
• administrative situation; and
• contractual documentation.

The objective is not simply to establish that the property appears to be in good physical condition, but to understand the legal and administrative situation of the property you are buying.

Who can issue the asbestos certificate?

During the transitional period, the ARC has indicated that the certificate may be issued by the professional categories covered by Law 38/1999 of 5 November on Building Regulations (Ley de Ordenación de la Edificación – LOE), within the scope of their respective professional competences.

The final requirements concerning the certificate and the professionals authorised to issue it will depend on the regulatory development of Law 8/2026.

For this reason, buyers should check both the scope of the certificate and the professional qualifications and competence of the person who issues it.

How can DAUSS Abogados help?

At DAUSS Abogados, we advise both Spanish and international clients who are buying property in Spain.

If you are considering buying or selling a property in Catalonia built before 2002, we can assist you with a legal review of the transaction before you sign the deposit contract (arras).

Our assistance may include:

1. Review of the property’s documentation

We review the available Land Registry, cadastral, planning, administrative and contractual documentation relating to the property.

2. Review of asbestos documentation

We assess whether the asbestos certificate is required and review the documentation provided by the seller, taking into account its scope and limitations.

3. Coordination with technical professionals

If there are concerns regarding the presence or condition of specific materials, we can coordinate the legal review with the relevant architects, technical professionals or other specialists.

4. Review of the deposit contract (arras)

We review the terms of the proposed agreement and, where appropriate, recommend specific conditions or safeguards to protect the buyer’s position.

5. Identification of legal risks before completion

Our aim is to ensure that you understand the legal and administrative situation of the property, as well as any potential issues, before committing to the purchase.

Are you considering buying a property built before 2002?

The new asbestos regulations introduce an important new requirement for property transactions in Catalonia from 3 October 2026.

If you are considering buying a property, particularly if you are based outside Spain, DAUSS Abogados can assist you in reviewing the transaction before you sign the deposit contract (arras) and in checking the documentation required for the purchase.

Contact our team to review your property purchase in Catalonia.

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