Catalonia’s asbestos eradication law

The gazette of 17 August 2026 published Law 8/2026 of 2 July on the eradication of asbestos, passed by the Parliament and already published in the DOGC on 3 July. The law enters into force three months after publication, that is, around 3 October. It creates a common framework for the Catalan administrations, together with companies and citizens, to detect, manage and remove materials containing asbestos, banned since 2002 but still present in many buildings.

According to the law’s own preamble, until now there was no legal obligation at all to remove these materials as long as they had not reached the end of their useful life. That changes: the rule imposes duties on administrations, owners and companies, and sets up a census, a fund and a penalty regime. For anyone who owns buildings, warehouses or land, knowing which materials are there and in what condition becomes a management task, not just a maintenance one.

What the law requires

Public administrations must identify, manage and remove asbestos from their own properties, with priority for schools, health centres and public buildings, and keep the census up to date. Companies and professionals in the sector must protect their workers’ health, report the presence of asbestos to the census, mark the affected places and state its presence or absence in sale or rental offers. Property managers must report its presence and see that the certificate is delivered.

Owners, and also companies outside the sector, must report places where they know there are materials with asbestos and keep their properties free of them once identified, within the periods set by the competent institutions. The law also recalls that removed asbestos is hazardous waste that may only be deposited at authorised facilities, which raises the cost of, and conditions, any removal work.

The certificate and the census

The certificate of presence or absence of asbestos must be delivered when a property is sold or let and can be checked against the Catalan census. In the absence of regulations, it must show at least the visible asbestos, the condition of the materials and the risk they pose. For the buyer and the tenant it is a guarantee; for the seller, a formality to plan ahead in any property transaction.

The Catalan census will be a public register of the places identified, organised at least by municipality, which will absorb the existing municipal censuses. For companies with old warehouses or buildings, getting ahead and taking inventory of their premises can avoid surprises, especially if works, refurbishment or a sale are planned in the next few years. It is wise to commission that review from a competent technician and keep the report.

Penalties and funds

The penalty regime distinguishes minor offences, from €100 to €3,000; serious ones, from €3,001 to €30,000; and very serious ones, from €30,001 to €100,000, with possible accessory sanctions such as a ban on receiving subsidies or, in the very serious cases, on contracting with the Generalitat and its public sector. Municipalities of more than 20,000 inhabitants will, in principle, exercise the powers of regulation, inspection and sanction.

The proceeds of fines will go to the Catalan Asbestos Eradication Fund, which will finance removal, management and awareness work. The law also recognises people affected by exposure and opens the door to future compensation, the amount of which will depend on a regulation yet to be developed. The preamble cites as a European reference the removal of public buildings’ asbestos before 2028 and full elimination around 2032. Consult your adviser on how it affects your properties.

Whoever knows what is in their buildings decides better when and how to act.

This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.