The asbestos presence or absence certificate (in Catalan, certificat de presència o absència d'amiant) is the document regulated by Article 21 of Llei 8/2026, de 2 de juliol, de l'erradicació de l'amiant de Catalunya (Law 8/2026 on asbestos eradication in Catalonia). It reports on the presence or absence of asbestos in a property at the time of issue and fulfills the information obligation established by this law. The regulation requires this certificate to be delivered in every property sale or rental transaction in Catalonia, without prejudice to the verification of existing data in the Cens català de materials que contenen amiant (Catalan Census of Asbestos-Containing Materials). Until the implementing regulation is approved to determine the specific characteristics and competencies for its issuance, the certificate must attest, at minimum, to three aspects: the presence or absence of visible asbestos in the property, the conservation condition of identified asbestos-containing materials, and the risk those materials may pose to people. This obligation applies to all real estate transactions in Catalonia: residential dwellings, commercial premises, industrial facilities, and any other type of property. Owners selling or renting must have this certificate and make it available to the buyer or tenant before formalizing the transaction.
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Under Article 21 of Llei 8/2026, de 2 de juliol, de l'erradicació de l'amiant, the certificate must be delivered when a property is sold or rented in Catalonia. The obligation falls on the property owner, who must have the certificate and deliver it to the buyer or tenant before formalizing the transaction. This applies to residential dwellings, commercial premises, industrial facilities, and any other type of property located in Catalan territory.
Llei 8/2026 establishes that, in the absence of the regulation determining the characteristics and competencies for its issuance, the certificate must attest to three minimum aspects: the presence or absence of visible asbestos in the property, the conservation condition of asbestos-containing materials, and the risk they may pose to people. Once the implementing regulation is approved, additional requirements may be established.
Article 21.2 of the law states that the certificate delivery in sale or rental transactions is made without prejudice to the verification of existing data in the Cens català de materials que contenen amiant (Catalan Census of Asbestos-Containing Materials). The certificate complements the census information with an updated, property-specific inspection at the time of the transaction.
The detection of asbestos does not prevent the sale or rental of the property. The certificate reports on the presence, conservation condition, and risk to people. With this information, the buyer or tenant can make an informed decision and, if applicable, plan management or removal actions. Materials in good condition and low risk can be managed in place with periodic inspections, while deteriorated or high-risk materials may require intervention.
The law defers to the implementing regulation for determining who is authorized to issue the certificate. Until that regulation is approved, the certificate should be issued by professionals or companies with demonstrable technical qualifications in asbestos identification and assessment: industrial hygiene technicians, asbestos inspection companies, or accredited laboratories with experience in building asbestos diagnostics.
Llei 8/2026 states that the certificate reports on the presence or absence of asbestos at the time of issuance. This indicates it reflects the property's condition at a specific date. Until the implementing regulation establishes a specific validity period, it is recommended to renew the certificate for each new sale or rental transaction, or whenever works or modifications have been carried out on the property that may have altered existing materials.
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