Chaos in real estate: mandatory asbestos certificate in Catalonia without regulation

Article 21 of Llei 8/2026 establishes that the asbestos presence or absence certificate must be delivered when a property is sold or rented. The characteristics of the certificate and who can issue it must be determined by regulation. In the absence of regulation, certificates must at least certify the presence or absence of visible asbestos, the state of conservation of materials containing it, and the risk they may pose to people.

As of today, September 24, 2026, nine days before the requirement comes into force, there is no approved regulation. The Catalan administration has not fulfilled the expected diligence to develop the regulation before activating the obligations it imposes.

The College of Notaries of Catalonia has issued a circular clarifying that, technically, the law does not expressly prohibit notaries from authorizing a sale without the certificate. In other words, the deed can be signed. However, the circular clearly warns of the risk of registry closure: the Land Registry could refuse to register that sale if it is not accompanied by the certificate.

In property transactions, the Registry must record the certification of presence of asbestos-containing materials. Failure to deliver the certificate is classified as a minor infraction, with a fine of 100 to 3,000 euros. However, the sanctions chapter will not come into force until the decree implementing it is approved.

Dozens of sales with notary appointments scheduled for the first days of October are now at risk. Buyers who already have their mortgage approved, sellers with closed agreements and sector professionals face a last-minute scenario without clear guidelines.